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^^"-prC^. 


(/J-a% 


yf. 


4<S^<r 


iJCHSJiKtit'iDY,  Marcli  ai,  1857. 


A    Card, 


Mr.  Editor. — I  see  by  yoar  paper  of  Moaday, 
that  I  have  l/een  put  in  nomination  for  the  of- 
fice of  Con.'^table,  and  in  as  much  as  tho  nomi- 
nation was  unsolicited,  and  having  no  desire  to 
run  for  or  from  a  Constable,  I  therefore  respect- 
fully decline  running. 

To  avoid  any  mistako  in  future,  I  wish  my 
Democratic  friends  to  understand,  that  I  aspire  , 
to  no  oflBce  whatever..  I  might,  however,  atj 
bome  future  time,  posaibly  bo  induced  to  accept  \ 
a  nomination  for  President,  should  there  be  any 
lack  of  candidates  for  that  office. 

HARMON  SEYMOUR. 


1 


Return  i- 


1  a  J  J 
J 


THE 


CONSTITUTIONS 


OF  THE 


SEYERAL  STATES  OF  THE  UNION 


AND 


UNITED  STATES, 


INCLUDING 


THE  DECLARATION  OF  INDEPENDENCE 


AND 


ARTICLES  OF  CONFEDERATION. 


TAKEN  FROM  AUTHENTIC  DOCUMENTS. 


NEW  YORK: 
PUBLISHED  BY  A.   S.   BARNES  &  CO., 

51  JOHN-STKEET. 

CINCINNATI  :—H.  W.  DERBY  &  CO. 

1852. 


A.  S.  BARNES  &  CO.'S  EDITION 

OF    THE 

■10:;N^I;. Wi.E  D   STATES 

■•■■■'■'COtIstitutions. 


THIS  EDITION  CONTAINS  ALL  THE  NEW  CONSTITUTIONS  OF  THE 
VARIOUS  STATES  OF  THE  UNION  TO  THE  SPKING  OF  1852. 


Entered,  according  to  Act  of  Congress,  in  tlie  year  One  Tliousand  Eight  Hundred  and  Fifty-two, 
BY  A.  S.  BARNES  &  CO., 
In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the 
•  Southern  District  of  New  York. 


CONTENTS 


Page. 

Declaration  of  Independence,       ,--.---5 

Constitution  of  the  United  States,    ------        9 

Constitution  of  Maine,  ---------23 

"  "  New  Hampshire,          ------      47 

"  •<  Vermont,      --------69 

"  "  '    "Massachusetts,    -------84 

"  "  Rhode  Island,       -        -        -        -        -        -        -114 

"  "  Connecticut,        -------    129 

«  "        New  York, 142 

«  "        New  Jersey,         -        -. 167 

"  "  Pennsylvania,       -------    184 

«  '•        Delaware, 199 

"  "        Maryland, 220 

«  "        Virginia, 243 

"  "        North  Carolina, 255 

••  "  South  Carolina           -        -      '-        -        -        -    266 

«*  "        Georgia,        -        -        - 278 

«  "        Florida, 292 

f  "        Alabama, 307 

"  "  Mississippi,  -------_    325 

«*  "  Louisiana,     --------    341 

"  "        Tennessee, 358 

"  "    •   Kentucky, 375 

«  "        Ohio,             391 

"  "  Indiana,         -        -        -        -        -        -        -..    494 

"  "  Illinois,        --------    422 

"  "        Michigan, 445 

"  "  Missouri,      --------    457 

"  "  Arkansas,     ------..    473 

"  "        Texas, 49I 

«  "        Iowa,             4O6 

•*  "        Wisconsin, .    516 

"  **        Califoenia 537 


ryi64183 


DECLARATION  OF  INDEPENDENCE, 


When,  iu  the  course  of  human  events,  it  iDecomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected 
them  with  another,  and  to  assume,  among  the  powers  of  the  earth, 
the  separate  and  equal  station  to  which  the  laws  of  nature  and  of 
nature's  G-od  entitle  them,  a  decent  respect  to  the  opinions  of  man- 
kind requires  that  they  should  declare  the  causes  which  impel  them 
to  the  separation. 

We  hold  these  truths  to  be  self-evident :  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  inalien- 
able rights ;.  that  among  these  are  life,  liberty;  and  the  pursuit  of 
happiness.  (That,  to  secure  these  rights,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the  gov- 
erned ;  and  that,  whenever  any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the  people  to  alter  or  abol- 
ish it,  and  to  institute  new  government,  laying  its  foundations  on 
such  principles,  and  organizing  its  powers  in  such  form,  as  to  them 
shall  seem  most  likely  to  effect  their  safety  and  happiness,  j  Pru- 
dence, indeed,  will  dictate  that  governments,  long  established,  Should 
not  be  changed  for  light  and  transient  causes ;  and,  accordingly,  all 
experience  hath  shown,  that  mankind  are  more  disposed  to  suffer, 
while  evils  are  sufferable,  than  to  right  themselves  by  abolishing 
the  forms  to  which  they  are  accustomed.  But,  when  a  long  train 
of  abuses  and  usurpations,  pursuing  invariably  the  same  object, 
evinces  a  design  to  reduce  them  under  absolute  despotism,  it  is  their 
right,  it  is  their  duty,  to  throw  off  such  government,  and  to  provide 
new  guards  for  their  future  Security.  Such  has  been  the  patient 
sufferance  of  the  colonies,  and  such  is  now  the  necessity  which  con- 
strains them  to  alter  their  former  systems  of  government.  The 
history  of  the  present  king  of  Grreat  Britain  is  a  history  of  repeated 
injuries  and  usurpations,  all  having,  in  direct  object,  the  establish- 
ment of  an  absolute  tyranny  over  these  states.  To  prove  this,  let 
facts  be  submitted  to  a  candid  world : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 


DECLARATION  OP  INDEPENDENCE. 


He  has  forbidden  his  governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operations  till  his 
assent  should  be  obtained ;  and,  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representatron  in  the  legislature — a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
* ',  Jcpf£fortab.le,'  and,  dJstHnt  from  the  repository  of  their  public  records, 
•fdr' the  .S(i!:e  j)V  2*1} 0(4^' -of  fatiguing  them  into  compliance  with  his 
;  ,^ea^Tir&s.. ...      ,.    ,     , ' , 

,;'  ; '' ;IJ»' ha{%  disf^solte/^ 'representative  houses  repeatedly,  for  opposing 
with  manly '^riniiess' his  invasions  on  the  rights  of  the  people.  • 

He  has  refased,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected  ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise ; 
the  state  remaining,  in  the  meantime,  exposed  to  all  the  dangers 
of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  states  ;  for 
that  purpose,  obstructing  the  laws  of  naturalization  of  foreigners,  re- 
fusing to  pass  others  to  encourage  their  migration  thither,  and  rais- 
ing the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us  in  time  of  peace,  standing  armies,  without 
the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of,  and  supe- 
rior to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction  for- 
eign to  our  constitution,  and  unacknowledged  by  our  laws ;  giving 
his  assent  to  their  acts  of  pretended  legislation. 

For  quartering  large  bodies  of  armed  troops  among  us. 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these  states. 

For  cutting  off  our  trade  with  all  parts  of  the  world. 

For  imposing  taxes  on  us  without  our  consent. 

For  depriving  us,  in  many  cases,  of  the  benefit  of  trial  by  jury. 

For  transporting  us  beyond  seas,  to  be  tried  for  pretended  of- 
fences, 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries  so  as  to  render  it  at  once  an  example  and  fit  in- 
strument for  introducing  the  same  absolute  rule  into  these  colonies. 


DECLARATION  OF  INDEPENDENCE. 


For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering,  fundamentally,  the  forms  of  our  governments. 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  merce- 
naries to  complete  the  works  of  death,  desolation,  and  tyranny,  al- 
ready begun,  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress 
in  the  most  humble  terms.  Our  repeated  petitions  have  been  an- 
swered only  by  repeated  injuries.  A  prince,  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to  be  the 
ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  the  attempts  by  their 
legislature,  to  extend  an  unwarrantable  jurisdiction  over  us.  "We 
have  reminded  them  of  the  circumstances  of  our  emigration  and  set- 
tlement here.  We  have  appealed  to  their  native  justice  and  mag- 
nanimity, and  we  have  conjured  them,  by  the  ties  of  our  common 
kindred,  to  disavow  these  usurpations,  which  would  inevitably  in- 
terrupt our  connections  and  correspondence.  They,  too,  have  been 
de^f  to  the  voice  of  justice  and  of  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity  which  denounces  our  separation,  and  hold 
them  as  we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace,  friends. 

We,  therefore,  the  Representatives  of  the  United  States  of  Ameri- 
ca, in  Greneral  Congress  assembled,  appealing  to  the  Supreme  Judge 
of  the  world  for  the  rectitude  of  our  intentions,  do,  in  the  name  and 
by  the  authority  of  the  good  people  of  these  colonies,  solemnly  pub- 
lish and  declare  that  these  United  Colonies  are,  and  of  righi  ought 
to  be,  free  and  independent  States  ;  that  they  are  absolved  from  all 
allegiance  to  the  British  crown,  and  that  all  political  connection  be- 
tween them  and  the  state  of  Great  Britain  is,  and  ought  to  be,  to- 
tally dissolved ;  and  that,  as  free  and  independent  States,  they  have 
full  power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  to  do  all  other  acts  and  tilings  which  independent 
States  may  of  right  do.     And,  for  the  support  of  this  declaration. 


8 


DECLARATION  OP  INDEPENDENCE. 


witli  a  firm  reliance  on  the  protection  of  Divine  Providence,  we 
mutually  pledge  to  each  other  our  lives,  our  fortunes,  and  our  sa- 
cred honor. 


The  foregoing  declaration  was,  by  order  of  Congress,  engrossed, 
and  signed  by  the  following  members  : 


JOHN  HANCOCK. 


New  Hampshire. 
JosiAH  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Massachusetts  Bay. 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Rhode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Connedicvi. 
Roger  Sherman, 
Samuel  Huntington, 
William  Willums, 
Oliver  Wolcott. 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 


Lvania. 
Robert  Morris,   • 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
G-eorge  Clymer, 
James  Smith, 


George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 
CiESAR  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of 
CarroUton. 


George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  Jr. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  Jr. 
Thomas  Lynch,  Jr. 
Arthur  Middleton. 

Georgia. 
Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


ARTICLES  OF  CONFEDERATION,  &c. 


TO  ALL  TO  WHOM  THESE  PRESENTS  SHALL  COME. 

We,  the  undersigned,  delegates  of  the  States  affixed  to  our 
names,  send  greeting : 
Whereas,  the  delegates  of  the  United  States  of  America, 
in  congress  assembled  did,  on  the  fifteenth  day  of  November, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
seventy-seven,  and  in  the  second  year  of  the  independence 
of  America,  agree  to  certain  articles  of  confederation  and 
perpetual  union  between  the  states  of  New  Hampshire, 
Massachusetts  Bay,  Rhode  Island  and  Providence  Planta- 
tions, Connecticut,  New- York,  New-Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North-Carolina,  South-Caro- 
lina, and  Georgia,  in  the  words  following,  viz : 

Atticles  of  confederation  and  perpetual  union  between  the  states  of  New- 
Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Providence  Plantations, 
Connecticut.  New-York,  New-Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North-Carolina,  South-Carolina,  and  Georgia. 

Article  1.  The  style  of  this  confederacy  shall  be,  "  The 
United  States  of  America."  » 

Art.  2.  Each  state  retains  its,sovereignty,  freedom  am 


independence,  and  every  power,  ju'risdictigrn  ana'  rigtij:. 
jyhich  is  not  by  this  contederation  expressly  delegated  tg 
the  United  States  in  congress  assembled.  ^ 

Art.  y.  The  said  states  hereby  severally  enter  into  a 
firm  league  of  friendship  with  each  other  for  their  common 
defence,  the  security  of  their  liberties,  and  their  mutual  and 
general  welfare  ;  binding  themselves  to  assist  each  other 
against  all  force  offered  to,  or  attacks  made  upon  them,  or 
any  of  them,  on  account  of  religion,  .sovereignty,  trade,  or 
any  other  pretext  whatever. 

Art.  4.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  different 
states  in  this  union,  the  free  inhabitants  of  each  of  these 
states,  paupers,  vagabonds,  and  fugitives  from  justice  ex- 
cepted, shall  be  entitled  to  all  privileges  and  immunities  of 
free  citizens  in  the  several  states  ;  and  the  people  of  each 
state  shall  have  free  ingress  and  regress  to  and  from  any 


ARTICLES    OF    CONFEDERATION. 


Other  state,  and  shall  enjoy  therein  all  the  privileges  of 
trade  and  commerce,  subject  to  the  same  duties,  imposi- 
tions, and  restrictions,  as  the  inhabitants  thereof  respect- 
ively, provided  that  such  restrictions  shall  not  extend  so 
far  as  to  prevent  the  removal  of  property  imported  into  any 
state  to  any  other  state,  of  which  the  owner  is  an  inhabitant ; 
provided,  also,  that  no  imposition,  duties,  or  restriction, 
shall  be  laid  by  any  state  on  the  property  of  the  United 
States,  or  either  of  them. 

If  any  person  guilty  of  or  charged  with  treason,  felony, 
or  other  high  misdemeanor,  in  any  state,  shall  flee  from 
justice,  and  be  found  in  any  of  the  United  States,  he  shall, 
upon  demand  of  the  governor,  or  executive  power  of  the 
state  from  which  he  fled,  be  delivered  up, 'and  removed  to 
the  state  having  jurisdiction  of  his  offence.  • 

Full  faith  and  credit  shall  be  given  in  each  of  these  states 
to  the  records,  acts,  and  judicial  proceedings  of  the  courts 
and  magistrates  of  every  other  state. 

Art.  5.  For  the  more  convenient  management  of  the 
general  interests  of  the  United  States,  delegates  shall  be 
annually  appointed  in  such  manner  as  the  legislature  of 
each  state  shall  direct,  to  meet  in  congress  on  the  first 
Monday  in  November,  in  every  year,  with  a  power  reserved 
to  each  state  to  recall  its  delegates  or  any  of  them,  at  any 
,time  within  the  year,  and  to  send  others  in  their  stead  for 
the  remainder  of  the  year. 

No  state  shall  be  represented  in  congress  by  less  than 
two  nor  more  than  seven  members ;  and  no  person  shall  be 
capable  of  being  a  delegate  for  more  than  three  years  in 
any  term  of  six  years ;  nor,  shall  any  person,  being  a  dele- 
gate, be  capable  of  holding  an  office  under  the  United 
States,  for  which  he,  or  another  for  his  benefit,  receives 
any  salary,  fees,  or  emobiment  of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  a  meeting 
of  the  states,  and  while  they  act  as  members  of  the  com- 
mittee of  the  states. 

In  determining  questions  in  the  United  States  in  con- 
gress assembled,  each  state  shall  have  one  vote. 
I  Freedom  of  speech  and  debate  in  congress  shall  not  be 
impeached  or  questioned  in  any  court  or  place  out  of  con- 
gress ;j  and  the  members  of  congress  shall  be  protected  in 


ARTICLES    OF    CONFEDERATION.  Ill 


their  persons  from  arrests  and  imprisonments,  during  the 
time  of  their  going  to  and  from  and  attendance  on  congress, 
except  for  treason,  felony,  or  breach  of  the  peace. 

Art.  6.  No  state,  without  the  consent  of  the  United 
States  in  congress  assembled,  shall  send  an  embassy  to, 
or  receive  any  embassy  from,  or  enter  into  any  conference, 
agreement,  alliance,  or  treaty,  with  any  king,  prince,  or 
state  ;  nor  shall  any  person  holding  any  office  of  profit  or 
trust  under  the  United  States  or  any  of  them,  accept  of 
any  present,  emolument,  office,  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state ;  nor  shall  the 
United  States  in  congress  assembled,  or  any  of  them,  grant 
any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  con- 
federation, or  alliance  whatever  between  them,  without        ^~, 
the  consent  of  the  United  States  in  congress  assembled,         ^ 
specifying  accurately  the  purpose  for  which  the  same  is 
to  be  entered  into,  and  how  long  it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  in- 
terfere with  any  stipulations  in  treaties  entered  into  by 
the  United  States  in  congress  assembled,  with  any  king, 
prince,  or  state,  in  pursuance  of  any  treaties  already  pro- 
posed by  congress  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace,  by 
any  state,  except  such  number  as  shall  be  deemed  necessa- 
ry by  the  United  States  in  congress  assembled,  for  the  de- 
fence of  such  state  or  its  trade;  nor  shall  any  body  of 
forces-  be  kept  up  by  any  state  in  time  of  peace,  except 
such  number  only  as,  in  the  judgment  of  the  United  States 
in  congress  assembled,  shall  be  deemed  requisite  to  gar- 
rison the  forts  necessary  for  the  defence  of  such  state  ;  but 
every  state  shall  always  keep  up  a  well-regulated  and 
disciplined  militia,  sufficiently  armed  and  accoutred,  and 
shall  provide  and  have  constantly  ready  for  use,,  in  public 
stores,  a  number  of  field  pieces  and  tents,  and  a  proper 
quantity  of  arms,  ammunition,  and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent 
of  the  United  States  in  congress  assembled,  unless  such 
state  be  actually  invaded  by  enemies,  or  shall  have  re- 
ceived certain  advice  of  a  resolution  being  formed  by  some 
nation  of  Indians  to  invade  such  state,  and  the  dansferis 


IV  ARTICLES    OF    CONFEDERATION. 

SO  imminent  as  not  to  admit  of  a  delay  till  the  United  States 
in  congress  assembled  can  be  consulted;  nor  shall  any- 
state  grant  commissions  to  any  ships  or  vessels  of  war,  or 
letters  of  marque  or  reprisal,  except  it  be  after  a  declaration 
of  war  by  the  United  States  in  congress  assembled,  and 
then  only  against  the  kingdom  or  state,  and  the  subjects 
thereof,  against  which  war  has  been  so  declared,  and  un- 
der such  regulations  as  shall  be  established  by  the  United 
States  in  congress  assembled,  unless  such  state  be  infested 
by  pirates,  in  which  case  vessels  of  war  may  be  fitt-ed  out 
for  that  occasion,  and  kept  so  long  as  the  danger  shall 
continue,  or  until  the  United  States  in  congress  assembled 
shall  determine  otherwise. 

Art.  7.  When  land  forces  are  raised  by  any  state  for 
the  common  defence,  all  officers  of  or  under  the  rank  of 
colonel,  shall  be  appointed  by  the  legislature  of  each  state 
respectively,  by  whom  such  forces  shall  be  raised,  or  in 
such  manner  as  such  state  shall  direct;  and  all  vacancies 
shall  be  filled  up  by  the  state  which  first  made  the  ap- 
pointment. 

iVRT.  8.  All  charges  of  war,  and  all  other  expenses  that 
shall  be  incurred  for  the  common  defence  or  general  wel- 
fare, and  allowed  by  the  United  States  in  congress  as- 
sembled, shall  be  defrayed  out  of  a  common  treasury, 
which  shall  be  supplied  by  the  several  states  in  proportion 
to  the  value  of  all  land  within  each  state  granted  to  or  sur- 
veyed for  any  person,  as  such  land  and  the  buildings  and 
improvements  thereon  shall  be  estimated,  according  to  such 
mode  as  the  United  States  in  congress  assembled  shall 
from  time  to  time  direct  and  appoint. 

Tlie  taxes  for  paying  that  proportion  shall  be  laid  and 
levied  by  the  authority  and  direction  of  the  legislatures  of 
the  several  states,  within  the  time  agreed  upon  by  the 
United  States  in  congress  assembled. 

Art.  9.  The  United  States  in  congress  assembled  shall 
have  the  sole  and  exclusive  right  and  power  of  determining 
on  peace  and  war,  except  in  the  cases  mentioned  in  the  sixth 
article  :  of  sending  and  receiving  ambassadors :  entering  into 
treaties  and  alliances  ;  provided  that  no  treaty  of  commerce 
shall  be  made  whereby  the  legislative  power  of  the  respec- 
tive states  shall  be  restrained  fmm  imposing  such  imposts 


ARTICLES    OF    CONFEDERATION. 


and  duties  on  foreigners  as  their  own  people  are  subjected, 
to,  or  from  prohibiting  the  exportation  or  importation  of  any 
species  of  goods  or  commodities  whatsoever:  of  estabhsh- 
ing  rules  for  deciding  in  all  cases,  what  captures  on  land 
or  water  shall  be  legal,  and  in  what  manner  prizes  taken 
by  land  or  naval  forces  in  the  service  of  the  United  States 
shall  be  divided  or  appropriated  :  of  granting  letters  of 
marque  and  reprisal,  in  times  of  peace:  appointing  courts 
for  the  trial  of  piracies  and  felonies  committed  on  the  high 
seas,  and  establishing  courts  for  receiving  and  determining 
finally  appeals  in  all  cases  of  captures  ;  provided,  that  no 
member  of  congress  shall  be  appointed  a  judge  of  any  of 
the  said  courts. 

The  United  States  in  congress  assembled  shall  also  be 
the  last  resort  on  appeal  in  all  disputes  and  differences  now 
subsisting,  or  that  hereafter  majr  arise  between  two  or 
more  states  concerning  boundary,  jurisdiction,  or  any 
other  cause  whatever  ;  which  authority  shall  always  be  ex- 
ercised in  the  manner  following :  whenever  the  legislative 
or  executive  authority  or  lawful  agent  of  any  state  in  con- 
troversy with  another  shall  present  a  petition  to  congress, 
stating  the  matter  in  question,  and  praying  for  a  hearing, 
notice  thereof  shall  be  given  by  order  of  congress  to  the 
legislative  or  executive  authority  of  the  other  state  in  con- 
troversy, and  a  day  assigned  for  the  appearance  of  the 
parties,  by  their  lawful  agents,  who  shall  then  be  directed 
to  appoint  by  joint  consent  commissioners  or  judges  to  con- 
stitute a  court  for  hearing  and  determining  the  matter  in 
question  ;  but  if  they  cannot  agree,  congress  shall  name 
three  persons  out  of  each  of  the  United  States,  and  from 
the  list  of  such  persons  each  party  shall  alternately  strike 
out  one,  the  petitioners  beginning,  until  the  number  shall 
be  reduced  to  thirteen  ;  and  from  that  number  not  less  than 
seven  nor  more  than  nine  names,  as  congress  shall  direct, 
shall,  in  the  presence  of  congress,  be  drawn  out  by  lot ; 
and  the  persons  whose  names  shall  be  so  drawn,  or  any 
five  of  them,  shall  be  commissioners  or  judges,  to  hear  and 
finally  determine  the  controversy,  so  always  as  a  major 
part  of  the  judges,  who  shall  hear  the  cause,  shall  agree 
in  the  determination ;  and  if  either  party  shall  neglect  to 
attend    at  the  day   appointed,   without   showing   reasons 


VI  ARTICLES    OF    CONFEDERATION". 


which  congress  shall  judge  sufficient,  or  being  present  shall 
refuse  to  strike,  the  congress  shall  proceed  to  nominate 
three  persons  out  of  each  state,  and  the  secretary  of  con- 
gress shall  strike  in  behalf  of  such  party  absent  or  refusing  ; 
and  ihe  judgment  and  sentence  of  the  court  to  be  appointed 
in  the  manner  before  prescribed,  shall  be  final  and  con- 
clusive; and  if  any  of  the  parties  shall  refuse  to  submit  to 
the  authority  of  such  court,  or  to  appear,  or  defend  their 
claim  or  cause,  the  court  shall  nevertheless  proceed  to 
pronounce  sentence  or  judgment,  which  shall  in  like  man- 
ner be  final  and  decisive,  the  judgment  or  sentence,  and 
other  proceedings,  being  in  either  case  transmitted  to  con- 
gress, and  lodged  among  the  acts  of  congress  for  the  secu- 
(  rity  of  the  parties  concerned  :  provided,  that  every  com- 

_y^  missioner,  before  he  sits  in  judgment,  shall  take  an  oath, 

to  be  administered  by  one  of  the  judges  of  the  supreme  or 
superior  court  of  the  state,  where  the  cause  shall  be  tried, 
*' well  and  truly  to  hear  and  determine  the  matter  in  ques- 
tion, according  to  the  best  of  his  judgment,  without  favor, 
affection,  or  hope  of  reward  :'•'  provided  also,  that  no  state 
shall  be  deprived  of  territory  for  the  benefit  of  the  United 
States. 

All  controversies  concerning  the  private  right  of  soil, 
claimed  under  different  grants  of  two  or  more  states,  whose 
jurisdiction  as  the}^  may  respect  such  lands  and  the  states 
which  passed  such  grants  are  adjusted,  the  said  grants  or 
either  of  them  being  at  the  same  time  claimed. to  have 
originated  antecedent  to  such  settlement  of  jurisdiction, 
shall,  on  the  petition  of  either  party  to  the  congress  of  the 
United  States,  be  finally  determined,  as  near  as  may  be, 
in  the  same  manner  as  is  before  prescribed  for  deciding 
disputes  respecting  territorial  jurisdiction  between  different 
states. 

The  United  States  in  congress  assembled  shall  also  have 
the  sole  and  exclusive  right  and  power  of  regulating  the 
r\  alloy  and  value  of  coin  struck  by  their  own  authority,  or  by 
V^/  that  of  the  respective  states;  fixing  the  standard  of  weights 
and  measures  throughout  the  United  States  :  regulating 
the  trade  and  managing  all  affairs  with  Indians  not  mem- 
bers of  any  of  the  states;  provided,  that  the  legislative 
right  of  any  state  within  its  own  Umits  be  not  infrii'iged  or 


ARTICLES    OF    CONFEDERATION.  Vll 

violated  :  establishing  and  regulating  post-offices  from  one 
state  to  another,  throughout  all  the  United  States,  and  ex- 
acting such  postage  on  the  papers  passing  through  the 
same  as  may  be  requisite  to  defray  the  expenses  of  the 
said  office :  appointing  all  officers  of  the  land  forces  in  the 
service  of  the  United  States,  excepting  regimental  officers: 
appointing  all  the  officers  of  the  naval  forces,  and  com- 
missioning all  officers  whatever  in  the  service  of  the  United 
States :  making  rules  for  the  government  and  regulation 
of  the  said  land  and  naval  forces,  and  directing  their  ope- 
rations. 

The  United  States  in  congress  assembled  shall  have 
authority  to  appoint  a  committee  to  sit  in  the  recess  of 
congress,  to  be  denominated  *'  a  committee  of  the  states  ;" 
and  to  consist  of  one  delegate  from  each  state,  and  to  ap- 
point such  other  committees  and  civil  officers  as  may  be 
necessary  for  managing  the  general  affairs  of  the  United 
States,  under  their  direction  :  to  appoint  one  of  their  num- 
ber to  preside,  provided  that  no  person  be  allowed  to  serve 
in  the  office  of  president  more  than  one  year  in  any  term 
of  three  years  :  to  ascertain  the  necessary  sums  of  money 
to  be  raised  for  the  service  of  the  United  States,  and  to 
appropriate  and  apply  the  same  for  defraying  the  public 
expenses :  to  borrow  money  or  emit  bills  on  the  credit  of 
the  United  States,  transmitting  every,  half  year  to  the  re- 
spective states  an  account  of  the  sums  of  money  so  bor- 
rowed or  emitted  :  to  build  and  equip  a  navy :  to  agree 
upon  the  number  of  land  forces,  and  to  make  requisitions 
from  each  state  for  its  quota,  in  proportion  to  the  number 
of  white  inhabitants  in  each  state  ;  which  requisition  shall 
be  binding,  and  thereupon  the  legislature  of  each  state 
shall  appoint  the  regimental  officers,  raise  the  men,  and 
clothe,  arm,  and  equip  them  in  a  soldier-like  manner,  at 
the  expense  of  the  United  States  ;  and  the  officers  and  men 
so  clothed,  armed  and  equipped,  shall  march  to  the  place 
appointed,  and  within  the  time  agreed  on  by  the  United 
States  in  congress  assembled  :  but  if  the  United  States  in 
congress  assembled,  shall,  on  consideration  of  circum- 
stances, judge  proper  that  any  state  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that  any 
other  state  should  raise  a  greater  number  of  men  than  the 


VIU  ARTICLES    OP    CONFEDERATION. 

quota  thereof,  such  extra  number  shall  bg  raised,  officered, 
clothed,  armed,  and  equipped,  in  the  same  manner  as  the 
quota  of  such  state,  unless  the  legislature  of  such  state 
shall  judge  that  such  extra  number  cannot  safely  be  spared 
out  of  the  same;  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip,  as  many  of  such  extra  number  as 
they  judge  can  safely  be  spared.  And  the  officers  and 
men  so  clotjied,  armed,  and  equipped,  shall  march  to  the 
place  appointed,  and  within  the  time  agreed  on  by  the^ 
United  States  in  congress  assembled. 

The  United  States  in  congress  assembled  shall  never 
engage  in  a  war,  nor  grant  letters  of  marque  and  reprisal 
in  time  of  peace,  nor  enter  into  any  treaties  or  alliances, 
nor  coin  money,  nor  regulate  the  value  thereof,  nor  ascer- 
tain the  sums  and  expenses  necessary  for  the  defence  and 
welfare  of  the  United  States  or  any  of  them,  nor  emit  bills, 
nor  borrow  money  on  the  credit  of  the  United  States,  nor 
appropriate  money,  nor  agree  upon  the  number  of  vessels 
of  war  to  be  built  or  purchased,  or  the  number  of  land  or 
sea  forces  to  be  raised,  nor  appoint  a  commander  in  chief 
of  the  army  or  navy,  unless  nine  states  assent  to  the  same; 
nor  shall  a  question  on  any  other  point,  except  for  adjourn- 
ing from  day  to  day,  be  determined,  unless  by  the  votes 
of  a  majority  of  the  United  States  in  congress  assembled. 

The  congress  of  the  United  States  shall  have  power  to 
adjourn  to  any  time  within  the  year,  and  to  any  place 
within  the  United  States,  so  that  no  period  of  adjournment 
be  for  a  longer  duration  than  the  space  of  six  months  ;  and 
shall  publish  the  journal  of  their  proceedings  monthly,  ex- 
cept such  parts  thereof  relating  to  treaties,  alliances,  or 
military  operations,  as  in  their  judgment  require  secresy ; 
and  the  yeas  and  nays  of  the  delegates  of  each  state  on 
any  question  shall  be  entered  on  the  journal  when  it  is  de- 
sired by  any  delegate  ;  and  the  delegates  of  a  state,  or  any 
of  them,  at  his  or  their  request,  shall  be  furnished  with  a 
transcript  of  the  said  journal,  except  such  parts  as  are 
above  excepted,  to  lay  before  the  legislatures  of  the  several 
states. 

Art.  10.  The  committee  of  tTie  stales,  or  any  nine  of 
them,  shall  be  authorized  to  execute  in  the  recess  of  con- 
gress, such  of  the  powers  of  congress  as  the  United  States 


ARTICLES    OF    CONFEDERATION.  IX 

in  congress  assembled,  by  the  consent  of  nine  states,  shall, 
from  time  to  time,  think  expedient  to  vest  them  with  ;  pro- 
vided that  no  power  be  delegated  to  the  said  committee, 
for  the  exercise  of  which,  by  the  articles  of  confederation, 
the  voice  of  nine  states  in  the  congress  of  the  United  States 
assembled  is  requisite. 

Art.  11.  Canada,  acceding  to  this  confederation,  and 
joining  in  the  measures  of  the  United  States,  shall  be  ad- 
mitted into,  and  entitled  to,  all  the  advantages  of  this  union  : 
but  no  other  colony  shall  be  admitted  into  the  same  unless 
such  admission  be  agreed  to  by  nine  states. 

Art.  12.  All  bills  of  credit  emitted,  moneys  borrowed, 
debts  contracted,  by  or  under  the  authority  of  congress,  be- 
fore the  assembling  of  the  United  States,  in  pursuance  of  the 
present  confederation,  shall  be  deemed  and  considered  as 
a  charge  against  the  United  States,  for  payment  and  satis- 
faction whereof  the  said  United  States  and  the  public  faith 
are  hereby  solemnly  pledged. 

Art.  13.  Every  state  shall  abide  by  the  determination 
of  the  United  States  in  congress  assembled,  on  all  ques- 
tions which,  by  this  confederation,  are  submitted  to  them. 
And  the  articles  of  this  confederation  shall  be  inviolabl}^ 
observed  by  every  state,  and  the  union  shall  be  perpetual; 
nor  shall  any  alteration  at  any  time  hereafter  be  made  in 
any  of  them,  unless  such  alteration  be  agreed  to  in  a  con- 
gress of  the  United  States,  and  be  afterwards  confirmed 
by  the  legislature  jof  j&veryi..&taLft. 

And  whereas  it  has  pleased  the  Great  Governor  of  the 
world  to  incline  the  hearts  of  the  legislatures  we  respec- 
tively represent  in  congress,  to  approve  of  and  to  authorize 
us  to  ratify  the  said  articles  of  confederation  and  perpetual 
union:  Know  ye.  That  we,  the  undersigned  delegates, 
by  virtue  of  the  power  and  authority  to  us  given  for  that 
purpose,  do,  by  these  presents,  in  the  name  and  in  behalf 
of  our  respective  constituents,  fully  and  entirely  ratify  and 
confirm  each  and  ever}^  of  the  said  articles  of  confederation 
and  perpetual  union,  and  all  and  singular  the  matters  and 
things  therein  contained ;  and  we  do  further  solemnly  plight 
and  engage  the  faith  of  our  respective  constituents,  that  they 
shall  abide  by  the  determinations  of  the  United  States  in 
congress  assembled,  on  all  questions  which,  bv  the  said  con* 
2 


ARTICLES    OF    CONFEDERATION. 


tederalion,   are  submiued  to  them  ;  and  that  the  arlicies 
thereof  shall  be  inviolably  observed  by  the  states  we  re- 
spectively represent ;    and   that  the   union  shall   be  per- 
'  j)etual. 
fn  witness  whereof,  we  have  hereunto  set  our  hands,  in 
congress.     Done  at  Philadelphia,  in  the  state  of  Penn- 
sylvania, the  ninth  day  of  July,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-eight,  and  in 
the  third  year  of  the  independer^ce  of  America. 

On  the  part  and  behalf  of  the  state  of  New  Hampshire. 
Josiah  Bartlet,  John  Wentvvorth.jun.,  August  8,  1778. 

On  the  part  and  behalf  of  the  state  of  Massachusetts  Bay. 
John  Hancock,  Francis  Dana, 

Samuel  Adams,  James  Lovell, 

Elbridge  Gerry,  Samuel  Holten. 

On  the  part  and  in  behalf  of  the  state  of  Rhode  Island  and  Providence 

Plantations. 
William  Ellery,  John  Collins.  • 

Henry  Marchant, 

On  the  part  and  behalf  of  the  state  of  Connecticut. 
Roger  Sherman,  Titus  Hosmer, 

Samuel  Huntington,  Andrew  Adams. 

Oliver  Wolcott, 

On  the  part  and  behalf  oj  the  state  of  New-York. 
Jas.  Duane,  Wm.  Duer,  . 

Fra.  Lewis,  Gouv.  Morris, 

On  the  part  and  in  behalf  of  the  state  of  New- Jersey. 
Jno.  Witherspoon,  Nath.  Scudder,  Nov.  26,  1778. 

On  the  part  and  behalf  of  the  state  of  Pennsylvania. 
Robt.  Morris,  William  Clingan, 

Daniel  Roberdeau,  Joseph  Reed,  22d  July,  1778. 

Jona.  Bayard  Smith, 

On  the  part  and  behalf  of  the  state  of  Delaware. 
^Tho.  M'Kean,  Feb.  13,  1779,  Nicholas  Van  Dyke. 

John  Dickinson,  May  5th,  1779, 

On  the  part  and  behalf  of  the  state  of  Maryland. 
John  Hanson,  March  1,  1781.  Daniel  Carroll,  March  1,  1781. 

On  the  fart  and  behalf  of  the  state  of  Virginia. 
Richard  Henry  Lee,  Jno.  Harvie, 

John  Banister,  Francis  Lightfoot  Lee. 

Thomas  Adams, 


ARTICLES    OF    CONFEDERATION.  XI 

On  the  part  and  behalf  of  the  state  of  North- Carolina. 
John  Penn,  July  21,  1778,  Jno.  Williams. 

Corns.  Harnett, 

On  the  part  and  behalf  of  the  state  of  South- Carolina, 
Henry  Lanrens,  Richard  Hutson,  '^ 

William  Henry  Drayton,  Thos.  Heywoodjun. 

Jno.  Mathews, 

On  the  part  and  behalf  of  the  state  of  Georgia, 
Jno.  Walton,  24th  July,  1778.  Edwd.  Langworthy. 

Edwd.  Telfair, 

[^oTE — From  the  circumstance  of  delegates  from  ihe  same  state  having  signed 
the  articles  of  confederation  at  different  times,  as  appears  by  the  dates,  it  is  probable 
they  affixed  their  names  as  they  happened  to  be  present  in  congress,  after  they  had 
been  authorized  by  their  constituents.] 

[The  above  articles  of  confederation  continued  in  force  until  the  4th  day  of  March, 
!789,  when  the  constitution  of  the  United  States  took  eifect.] 


1     *  >  ,»   »  »   3 


10  CONSTITUTION    OF 


SECTION    II. 

/  1.  The  House  of  Kepresentatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  states ;  and 
the  electors  in  each  state  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  state  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  attain- 
V     ed  to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of 

the  United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant 
of  that  state  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  states  which  may  be  included  within  this  union,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  add- 
ing to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  represen- 
tatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
state  shall  have  at  least  one  representative  ;  and  until  such  enume- 
ration shall  be  made,  the  state  of  New  Hampshire  shall  be  entitled 
to  choose  three ;  Massachusetts  eight ;  Rhode  Island  and  Providence 
Plantations  one ;  Connecticut  five  ;  Neio  York  six ;  New  Jersey  four ; 
Pennsylvania  eight ;  Delaware  one ;  Maryland  six ;  Virginia  ten ; 
North  Carolina  five.;  South  Carolina  five ;  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  state, 
the  executive  authority  thereof  shall  issue  writs  of  election  to  fill  up 
such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 


\ 


■\ 


SECTION   III. 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two 
senators  from  each  state,  chosen  by  the  legislature  thereof,  for  six 
years,  and  each  senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided,  as  equally  as  may  be,  into 
three  classes.  The  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth,  and  of  the  third  class  at  the  expiration 
of  the  sixth  year,  so  that  one-third  may  be  chosen  every  second  year ; 
and  if  vacancies  happen,  by  resignation  or  otherwise,  during  the 
recess  of  the  legislature  of  any  state,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies. 

'  3.  No  person  shall  be  a  senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 


THE    UNITED   STATES,  11 

States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  for  which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  presi- 
dent prp  tempore,  in  the  absence  of  the  Vice  President,  or  when  he 
shall  exercise  the  office  of  President  of  the  United  .States. 

6.  The  Senate  shall  have  the  sole  power  td  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.      \   . 
When  the  President  of  the  United  States  is  tried,  the  chief  justice       ^ 
shall  preside  ;  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

7.  Judgment  in  case  of  impeachment  shall  not  extend  further 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit,  under  the  United  States ;  but 
the  party  convicted  shall,  nevertheless,  be  liable  and  subject  to  in 
dictment,  trial,  judgment,  and  punishment  according  to  law. 

SECTTON    IV. 

1.  The  times,  places,  and  manner  of  holding  elections  for  sena 
tors  and  representatives,  shall  be  prescribed  in  each  state  by  the 
legislature  thereof ;  but  the  Congress  may  at  any  time,  by  law,  make 
or  alter  such  regulations,  except  as  to  the  place  of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  diflferent  day. 

SECTION    V. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  own  members  ;  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  number  may  ad- 
journ from  day  to  day,  and  may  be  authorized  to  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under  such  penalties 
as  each  House  may  provide. 

2.  Each  House  may  determine  the  rule  of  its  proceedings,  punish 
its  members  for  disorderly  behaviour,  and,  with  the  concurrence  of 
two-thirds,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy  ;  and  the  yeas  and  nays  of  the  members 
of  either  House,  on  any  question,  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journal. 

4.  Neither  House  during  the  session  of  Congress  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 


12  CONSTITUTION    OF 


SECTION   VI. 

1.  The  senators  and  representatives  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treas- 
ury of  the  United  States.  They  shall  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  session  of  their  respective  Houses,'  and  in 
going  to  or  returning  from  the  same  ;  and  for  any  speech  or  debate 
in  either  House,  they  shall  not  be  questioned  in  any  other  place. 

2.  No  senator  or  representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased,  during  such  time  ;  and  no 
person  holding  any  office  under  the  United  States  shall  be  a  mem- 
ber of  either  House  during  his  continuance  in  office. 

SECTION    VII. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Kepresentatives  ;  but  the  Senate  may  propose  or  concur  with  amend- 
ments, as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Kepresenta- 
tives and  the  Senate  shall,  before  it  become  a  law,  be  presented  to 
the  President  of  the  United  States ;  if  he  approve,  he  shall  sign  it ; 
but  if  not,  he  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objection  at  large 
on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  that  House  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds 
of  that  House,  it  shall  become  a  law.  But  in  all  such  cases  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  House  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  adjourn- 
ment prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
the  Senate  and  House  of  Representatives  may  be  necessary,  (except 
a  question  of  adjournment,)  shall  be  presented  to  the  President  of 
the  United  States  ;  and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be  re-passed 
by  two-thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

SECTION  vm. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 


THE    UNITED    STATES.  13 

the  debts  and  provide  for  tlie  common  defense  and  general  welfare 
of  the  United  States  ]  but  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  United  States  : 

2.  To  borrow  money  on  the  credit  of  the  United  States : 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the 
several  states,  and  with  the  Indian  tribes  : 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies,  throughout  the  United  States : 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States : 

7.  To  establish  post  offices  and  post  roads : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water  : 

12.  To  raise  and  support  armies  ;  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years  : 

13.  To  provide  and  maintain  a  navy : 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions  : 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  mili- 
tia, and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  states  respectively  the 
appointment  of  the  officers  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square,)  as  may,  by  cession 
of  particular  states  and  the  acceptance  of  Congress,  become  the  seat 
of  government  of  the  United  States,  and  to  exercise  like  authority 
over  all  places  purchased,  by  the  consent  of  the  legislature  of  the 
state  in  which  the  same  shall  be,  for  the  erection  of  forts,  magazines, 
arsenals,  docji-yards,  and  other  needful  buildings :  and, 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  government  of  the  United  States, 
or  any  department  or  officer  thereof. 

SECTION   IX 

1.  The  migration  or  importation  of  such  persons  as  any  of  the 
states  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 


14  CONSTITUTION    OF 


hibited  by  the  Congress  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importa- 
tion, not  exceeding  ten  dollars  for  each  person. 
■  2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when,-  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it, 

3.  No  bill  of  attainder,  or  ex-post-facto  law,  shall  be  passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
state.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  state  over  those  of  another  ;  nor  shall 
vessels  bound  to  or  from  one  state  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  pub- 
lished from  time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by  the  United  States,  and 
no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  Congress,  accept  of  any  present,  emolument, 
office,  or  title  of  any  kind  whatever,  from  any  king,  prince,  or  foreign 
state. 

SECTION    X. 

1.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation; 
grant  letters  of  marque  and  reprisal ;  coin  money ;  emit  bills  of  cre- 
dit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment 
of  debts  ;  pass  any  bill  of  attainder,  ex-post-facto  law,  or  law  impair- 
ing the  obligation  of  contracts  ;  or  grant  any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws ;  and  the  net  produce 
of  all  duties  and  imposts  laid  by  any  state  on  imports  or  exports 
shall  be  for  the  use  of  the  treasury  of  the  United  States,  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of  Congress. 
No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  on 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  state,  or  with  a  foreign  power, 
or  engage  in  war,  unless  actually  invaded,  or  in  such  imminent  dan- 
ger as  will  not  admit  of  delay. 

ARTICLE  11. 

Of  the  Executive. 

SECTION    I. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.     He  shall  hold  his  office  during  the 


THE    UNITED    STATES.  15 

term  of  four  years,  and,  together  with  the  Vice  President,  chosen 
for  the  same  term,  be  elected  as  follows : — 

2.  Each  state  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,-  a  number  of  electors,  equal  to  the  whole  number 
of  senators  and  representatives  to  which  the  state  may  be  entitled 
in  Congress ;  but  no  senator  or  representative,  or  person  holding 
any  office  of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  elector. 

3.  The  electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhab- 
itant of  the  same  state  with  themselves.  And  they  shall  make  a 
list  of  all  the  persons  votfed  for,  and  of  the  number  of  votes  for 
each ;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed ; 
and  if  there  be  more  than  one  who  have  such  a  majority,  and  have 
an  equal  number  of  votes,  then  the  House  of  Representatives  shall 
immediately  choose  by  ballot  one  of  them  for  President ;  and  if  no 
person  have  a  majority,  then,  from  the  five  highest  on  the  list,  the 
said  House  shall  in  like  manner  choose  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  states  ;  the  re- 
presentation from  each  state  having  one  vote ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two-thirds  of 
the  states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  Vice 
President.  But  if  there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice  Presi- 
dent. 

4.  The  Congress  may  determine  the  time  of  choosing  the  electors 
and  the  day  on  which  they  shall  give  their  votes,  which  day  shall  be 
the  same  throughout  the  United  States. 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  Constitution,  shall 
be  eligible  to  the  office  of  President ;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to  the  age  of  thirty- 
five  years,  and  been  fourteen  years  a  resident  within  the  United 
States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice  President ;  and 
the  Congress  may  by  law  provide  for  the  case  of  removal,  death 
resignation,  or  inability,  both  of  the  President  and  Vice  President, 
declaring  what  officer  shall  then  act  as  President :  and  such  officer 


16  CONSTITUTION    OF 


shall  act  accordingly,  until  the  disability  be  removed  or  a  President 
shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  period  for  which  he  shall  have  been  elected,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

8.  Before  lie  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  President  of  the  United  States,  and  will,  to  the  best  of  my 
ability,  preserve,  protect,  and  defend  the*  Constitution  of  the  United 
States." 

SECTION   II. 

1.  The  President  shall  be  commander-in-chief  of  the  army  and 
navy  of  the  United  States  and  of  the  militia  of  the  several  states, 
when  called  into  the  actual  service  of  the  United  States ;  he  may 
require  the  opinion  in  writing  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power  to  grant  reprieves  and 
pardons  for  offences  against  the  United  States,  except  in  cases  of 
impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  make  treaties,  provided  two-thirds  of  the  senators 
present  concur  :  and  he  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law.  But 
the  Congress  may  by  law  vest  the  appointment  of  such  inferior  offi- 
cers as  they  think  proper  in  the  President  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  commis 
sions,  which  shall  expire  at  the  end  of  their  next  session. 

SECTION  ni. 

1.  He  shall,  from  time  to  time,  give  to  Congress  information  of 
the  state  of  the  Union,  and  recommend  to  their  consideration  such 
measures  as  he  shall  judge  necessary  and  expedient ;  he  may,  on 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them ; 
and  in  case  of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper ;  he  shall  receive  ambassadors  and  other  public  ministers ; 
he  shall  take  care  that  the  laws  be  faithfully  executed ;  and  shall 
commission  all  the  officers  of  the  United  States. 


THE    UNITED    STATES.  if 

SECTION   IV. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for  and 
conviction  of  treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE  III. 

Of  the  Judiciary. 

SECTION    I. 

1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  courts  as  Congress  may,  from 
time  to  time  order  and  establish.  The  judges,  both  of  the  Supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behaviour  ; 
and  shall,  at  stated  times,  receive  for  their  services  a  compensation, 
which  shall  not  be  diminished  during  their  continuance  in  office. 

SECTION    II, 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority  ;  to  all 
cases  affecting  ambassadors,  other  public  ministers,  and  consuls ;  to 
all  cases  of  admiralty  and  maritime  jurisdiction  ;  to  controversies 
to  which  the  United  States  shall  be  a  party  ;  to  controversies  between 
two  or  more  states  ;  between  a  state  and  citizens  of  another  state ; 
between  citizens  of  different  states ;  between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states  ;  and  between 
a  state,  or  the  citizens  thereof  and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls,  and  those  in  which  a  state  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all  the  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions,  and  under  such  regulations 
as  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury,  and  such  trial  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed  ;  but  when  not  committed  within 
any  state,  the  trial  shall  be  at  such  place  or  places  as  Congress  may 
by  law  have  directed. 

SECTION    III. 

1.  Treason  against  the  United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason,  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  confession 
in  open  court. 

2.  Congress  shall  have  power  to  declare  the  punishment  of  trea- 
son ;  but  no  attainder  of  treason  shall  work  corruption  of  blood,  or 
forfeiture,  except  during  the  life  of  the  person  attainted. 


18  CONSTITUTION    OF 


ARTICLE    IV. 

MiscellaTieous. 

SECTION   I. 

1.  Full  faith  and  credit  shall  be  given  m.  each  state  to  the  pub- 
lic acts,  records,  and  judicial  proceedings  of  every  other  state.  And 
Congress  may,'by  genera^  laws,  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings  shall  be  proved,  and  the  effect  thereof 

SECTION  n. 

1.  The  citizens  of  each  state  shall  be  entitled  to  all  the  privileges 
and  immunities  of  citizens  in  the  several  states. 

2.  A  person  charged  in  any  state  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the  state  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  state  having  jurisdic- 
tion of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  state,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor ;  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service  or 
labor  may  be  due. 

SECTION  m. 

1.  New  states  may  be  admitted  by  Congress  into  this  union ;  but 
no  new  state  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  state,  nor  any  state  be  formed  by  the  junction  of  two  or 
more  states,  or  parts  of  states,  without  the  consent  of  the  legisla- 
tures of  the  states  concerned,  as  well  as  of  Congress. 
,  2.  Congress  shall  have  power  to  dispose  of,  and  make  all  needful 
rules  and  regulations  respecting'  the  territory,  or  other  property  be- 
longing to  the  United  States  ;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United  States  or 
of  any  particular  state. 

SECTION   IV. 

1.  The  United  States  shall  guarantee  to  every  state  in  this  union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and,  on  application  of  the  legislature,  or  of  the 
executive  (when  the  legislature  cannot  be  convened),  against  domes- 
tic violence.  ' 

ARTICLE    V. 

Of  Amendments. 

1.  Congress,  whenever  two-thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution ;  or,  on  the 


THE    UNITED    STATES.  19 

application  of  the  legislatures  of  two-thirds  of  the  several  states, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths  of  the 
several  states,  or  by  conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  Congress ; 
provided,  that  no  amendment  which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight,  shall  in  any  manner  affect 
the  first  and  fourth  clauses  in  the  ninth  section  of  the  first  article ; 
and  that  no  state,  without  its  consent,  shall  be  deprived  of  its  equal 
suffrage  in  the  Senate. 

ARTICLE    VI. 

Miscellaneous. 

1.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land ;  and  the  judges  in  avery  state  shall  be 
bound  thereby,  anything  in  the  constitution  or  laws  of  any  state  to 
the  contrary  notwithstanding. 

3.  The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatures,  and  all  executive  and  judi- 
cial officers,  both  of  the  United  States  and  of  the  several  states, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution ; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office,  or  public  truit,  under  the  United  States. 

ARTICLE    VIL 

Of  ike  Ratification. 

1.  The  ratification  of  the  conventions  of  nine  states  shall  be  suffi- 
cient for  the  establishment  of  this  Constitution  between  the  states 
so  ratifying. the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  states  pre- 
sent, the  seventeenth  day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-seVen,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  twelfth.  In  wit- 
ness whereof,  we  have  hereunto  subscribed  our  names. 

GEORaE  WASHINGTON, 
President  J  and  Deputy  from  Virginia, 


20 


CONSTITUTION    OF 


NEW   HAMPSHIRE. 

John  Langdon, 
Nicholas  G-ilman. 

MASSACHUSETTS. 

Nathaniel  Grorman, 
Rufus  King. 

CONNECTICUT. 

William  Samuel  Johnson, 
Roger  Sherman. 

NEW   YORK. 

Alexander  Hamilton. 

NEW   JERSEY. 

William  Livingston, 
David  Br  early, 
William  Patterson, 
Jonathan  Dayton. 

PENNSYL"\fANIA. 

Benjamin  Franklin, 
Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
Governeur  Morris. 

Attest^ 


DELAWARE. 

George  Read, 
Gunning  Bedford,  jun., 
John  Dickinson, 
Richard  Bassett, 
Jacob  Broom. 

MARYLAND. 

James  M' Henry, 

Daniel  of  St.  Tho.  Jenifer, 

Daniel  Carroll. 

VIRGINIA. 

John  Blair, 
James  Madison,  jr. 

NORTH    CAROLINA, 

William  Blount. 
Richard  Dobbs  Spaight, 
Hugh  Williamson. 

SOUTH    CAROLINA. 

John  Rutledge, 
Chas.  Cotesworth  Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

GEORGIA. 

William  Few, 
Abraham  Baldwin. 

WILLIAM   JACKSON,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 

Art.  1.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof ;  or  abridg- 
ing the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  government  for  a 
redress  of  grievances. 

Art.  2.  A  well-regulated  militia  being  necessary  to  the  security 
of  a  free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

Art^  3.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  in 
a  manner  to  be  prescribed  by  law. 


THE    UNITED    STATES.  21 

Art.  4.  The  right  or  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seiz- 
ures, shall  not  be  violated ;  and  no  warrants  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

Art.  5.  No  person  shall  be  held  to  answer  for  a  capital  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in 
the  militia  .when  in  actual  service  in  time  of  war,  or  public  danger : 
nor  shall  any  person  be  subject  for  the  same  offence,  to  be  put  twice 
in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled,  in  any  criminal 
case,  to  be  witness  against  himself;  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law  ;  nor  shall  private  property 
be  taken  for  public  use  without  just  compensation. 

-Art.  6.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state 
and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  confronted 
with  the  witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor;  and  to  have  the  assistance  of 
counsel  for  his  defense. 

Art.  7.  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served ;  and  no  fact  tried  by  jury  shall  be  otherwise  re-examined  in 
any  court  of  the  United  States  than  according  to  the  rules  of  the 
common  law. 

Art.  8.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Art.  9:  The  enumeration  in  the  Constitution  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

Art.   10.  The  powers  not  delegated  to  the  United  States  by  the 

Constitution,  nor  prohibited  by  it  to  the  states,  are  reserved  to  the 

states  respectively,  or  to  the  people. 

^      Art.   11.  The  judicial  power  of  the  United  States  shall  not  be 

I   construed  to  extend  to  any  suit  in  law  or  equity  commenced  or  pro- 

\  secuted   against  one  of  the  United  States  by  citizens  of  anothjer 

")  state,  or  by  citizens  or  subjects  of  another  state,  or  by  citizens  or 

r    subjects  of  any  foreign  state. 

'y  Art.  12.  ^  1.  The  electors  shall  meet  in  their  respective  states, 
and  vote  by  ballot  for  President  and  Vice  President,  one  of  whom, 
at  least,  shall  not  be  an  inhabitant  of  the  same  state  with  themselves  ; 
they  shall  name  in  their  ballots  the  person  voted  for  as  President, 
and  in  distinct  ballots  the  person  voted  for  as  Vice  President ;  and 
they  shall  make  distinct  lists  of  all  persons  voted  for  as  President, 
and  of  all  persons  voted  for  as  Vice  President,  and  of  the  number 
3 


22  CONSTITUTION    OF 


of  votes  for  each,  which  list  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  government  of  the  United  States,  directed  to 
the  President  of  the  Senate :  the  President  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted ;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be  the  Pres- 
ident, if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  no  person  have  such  a  majority,  then  from  the 
persons  having  the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately  by  ballot  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President  whenever  the 
right  of  choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice  President  shall  act  as  Presi- 
dent, as  in  the  case  of  the  death  or  other  constitutional  disability  of 
the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice  Presi- 
dent, shall  be  the  Vice  President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed ;  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list,  the  Senate 
shall  choose  the  Vice  President:  a  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of  senators,  and  a  major- 
ity of  the  whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice  President  of  the  United  States. 

Note. — At  the  fourth  presidential  election,  Thomas  Jefferson  and  Aaron 
Burr  were  the  democratic  candidates  for  President  and  Vice  President,  By 
the  electoral  returns  they  had  an  even  number  of  votes.  In  the  House  of  Re- 
presentatives, Burr,  by  intrigue,  got  up  a  party  to  vote  for  him  for  President ; 
and  the  House  was  so  divided  that  there  was  a  tie.  A  contest  was  carried 
on  for  several  days,  and  so  warmly,  that  even  sick  members  were  brought 
to  the  House  on  their  beds.  Finally  one  of  Burr's  adherents  withdrew,  and 
Jefferson  was  elected  hy  orie  majority — ^which  was  the  cccasion  of  this  twelfth 
article. 


Mi\INE. 


The  first  settlement  in  Maine  was  made  in  Bristol,  on  the  east  side  of  the 
Damariscotta  River,  at  Pemaquid  Point.  This  State  was  originally  granted 
by  James  I.  to  the  Plymouth  Company,  by  whom  it  was  transferred  to  Mason 
and  Gorges,  in  1624,  The  territory  was  afterwards  purchased  by  Massachu- 
setts for  jei,250,  who  obtained  a  confirmation  of  "the  charter  in  1691.  This 
State,  formerly  the  District  of  Maine,  became  independent  of  Massachusetts 
in  1820,  and  adopted  its  Constitution, 

Area  of  Maine,  28,920  square  miles — 3000  sq,  m,  having  been  taken  from 
it  by  the  treaty  at  Washington,  by  which  the  boundary  between  the  United 
States  and  Great  Britain  was  settled.     Population,  in  1850,  583,088, 

CONSTITUTION. 

We  the  people  of  Maine,  in  order  to  establish  justice,  ensure 
tranquillity,  provide  for  our  natural  defense,  promote  our  common 
welfare,  and  secure  to  ourselves  and  our  posterity  the  blessings  of 
liberty,  acknowledging,  with  grateful  hearts,  the  goodness  of  the 
Sovereign  Ruler  of  the  Universe  in  affording  us  an  opportunity  so 
favorable  to  the  design ;  and  imploring  his  aid  and  direction  in  its 
accomplishment,  do  agree  to  form  ourselves  into  a  free  and  indepen- 
dent State,  by  the  style  and  title  of  the  State  of  Maine,  and  do  or- 
dain and  establish  the  following  Constitution  for  the  government  of 
the  same : 


24  CONSTITUTION    OF 


/  ARTICLE  I. 

Declaration  of  Rights. 

Sec.  1.  All  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  inherent,  and  unalienable  rights,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  acquiring,  possess- 
ing, and  protecting  property,  and  of  pursuing  and  obtaining  safety 
and  happiness. 

2.  All  power  is  inherent  in  the  people :  all  free  governments  are 
founded  in  their  authority,  and  instituted  for  their  benefit :  they 
have,  therefore,  an  inalienable  and  indefeasible  right  to  institute 
government,  and  to  alter,  reform,  or  totally  change  the  same,  when 
their  safety  and  happiness  require  it. 

3.  All  men  have  a  natural  and  inalienable  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences,  and 
no  one  shall  be  hurt,  molested,  or  restrained  in  his  person,  liberty, 
or  estate,  for  worshiping  God  in  the  manner  and  season  most  agree- 
able to  the  dictates  of  his  own  conscience,  nor  for  his  religious  pro- 
fessions or  sentiments,  provided  he  does  not  disturb  the  public 
peace,  nor  obstruct  others  in  their  religious  worship ; — and  all  per- 
sons demeaning  themselves  peaceably,  as  good  members  of  the  State, 
shall  be  equally  under  the  protection  of  the  laws,  and  no  subordina- 
tion nor  preference,  of  any  one  sect  or  denomination  to  another, 
shall  ever  be  established  by  law,  nor  shall  any  religious  test  be  re- 
quired as  a  qualification  for  any  office  or  trust  under  this  State  ;  and 
all  religious  societies  in  this  State,  whether  incorporate  or  unincor- 
porate,  shall  at  all  times  have  the  exclusive  right  of  electing  their 
public  teachers,  and  contracting  with  them  for  their  support  and 
maintenance. 

4.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  any  subject,  being  responsible  for  the  abuse  of  this  liberty. 
No  laws  shall  be  passed  regulating  or  restraining  the  freedom  of  the 
press  :  and,  in  prosecutions  for  any  publication  respecting  the  offi- 
cial conduct  of  men  in  public  capacity,  or  the  qualifications  of  those 
who  are  candidates  for  the  suffrages  of  the  people,  or  where  the  mat- 
ter published  is  proper  for  public  information,  the  truth  thereof  may 
be  given  in  evidence ;  and  in  all  indictments  for  libels,  the  jury,  after 
having  received  the  direction  of  the  court,  shall  have  a  right  to  de- 
termine, at  their  discretion,  the  law  and  the  fact. 

5.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions  from  unreasonable  searches  and  seizures.;  and  no  war- 
rant to  search  any  place,  or  seize  any  person  or  thing,  shall  issue 
without  a  special  designation  of  the  place  to  be  searched,  and  the 
person  or  thing  to  be  seized,  nor  without  probable  cause,  supported 
by  oath  or  affirmation. 

6.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to 
be  heard  by  himself  and  his  counsel,  or  either,  at  his  election  :  to 


MAINE.  25 


demand  the  nature  and  cause  of  the  accusation,  and  have  a  copy 
thereof : 

To  be  confronted  by  the  witnesses  against  him  : 
To  have  compulsory  process  for  obtaining  witnesses  in  his  favor  : 
To  have  a  speedy,  public,  and  impartial  trial ;  and,  except  in  trials 
by  martial  law  or  impeachment,  by  a  jury  of  the  vicinity.     He  shall  \ 
not  be  compelled  to  furnish  or  give  evidence  against  himself,  nor  bey 
deprived  of  his  life,  liberty,  property,  or  privileges,  but  by  judgmeq/ 
of  his  peers,  or  the  law  of  the  land. 

7.  No  person  shall  be  held  to  answer  for  a  capital  or  infamous  . 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  of  impeachment,  or  in  such  cases  of  offences  as  are  usually 
cognizable  by  a  justice  of  the  peace,  or  in  cases  arising  in  the  army 
or  navy,  or  in  the  militia  when  in  actual  service,  in  time  of  war  or 
public  danger.  The  Legislature  shall  provide  by  law  a  suitable  and 
impartial  mode  of  selecting  juries ;  and  their  usual  number  and 
unanimity,  in  indictments  and  convictions,  shall  be  held  indispen-  ^ 
sable. 

8.  No  person  for  the  same  offence  shall  be  twice  put  in  jeopardy 
of  life  or  limb. 

9.  Sanguinary  laws  shall  not  be  passed :  all  penalties  and  punish- 
ments shall  be  proportioned  to  the  offence  ;  excessive  bail  shall  not 
be  required,  nor  excessive  fines  imposed,  nor  cruel  nor  unusual  pun- 
ishments inflicted. 

10.  All  persons,  before  conviction,  shall  be  bailable  except  for 
capital  offences,  where  the  proof  is  evident,  or  the  presumption 
great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus-     - 
pended,  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

11.  The  Legislature  shall  pass  no  bill  of  attainder,  ex  post  facto 
law,  nor  law  impairing  the  obligation  of  contracts,  and  no  attainder 
shall  work  corruption  of  blood  nor  forfeiture  of  estate. 

12.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

13.  The  laws  shall  not  be  suspended,  but  by  the  Legislature  or  its 
authority. 

14.  No  person  shall  be  subject  to  corporeal  punishment  under  t\ 
military  law,  except  such  as  are  employed  in  the  army  or  navy,  or  in   \^ 
the  militia  when  in  actual  service,  in  time  of  war,  or  public  danger,    n 

15.  The  people  have  a  right,  at  all  times,  in  an  orderly  and  peace- 
able manner,  to  assemble  and  consult  upon  the  common  good,  to  give 
instructions  to  their  representatives,  and  to  request  of  either  de- 
partment of  the  government,  by  petition  or  remonstrance,  redress 
of  their  wrongs  and  grievances. 

16.  Every  citizen  has  a  right  to  keep  and  bear  arms  for  the  com- 
mon defense ;  and  this  riarht  shall  never  be  questioned. 


26  CONSTITUTION    OF 

1 7.  No  standing  army  shall  be  kept  up  in  time  of  peace,  without 
the  consent  of  the  Legislature  ;  and  the  milit  ary  shall,  in  allcases, 
and  at  all  times,  be  in  strict  sul3ordination  to  the  civil  power. 

18.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

19.  Every  person,  for  an  injury  done  him  in  his  person,  reputa- 
tion, property,  or  immunities,  shall  have  remedy  by  due  course  of 
law ;  and  right  and  justice  shall  be  administered  freely  and  without 
sale,  completely  and  without  denial,  promptly  and  without  delay. 

20.  In  all  civil  suits,  and  in  all  controversies  concerning  property, 
the  parties  shall  have  a  right  to  a  trial  by  jury,  except  in  cases 
where  it  has  heretofore  been  otherwise  practised :  the  party  claim- 
ing the  right  may  be  heard  by  himself  and  his  counsel,  or  either,  at 
his  election. 

21.  Private  property  shall  not  be  taken  for  public  uses  without 
just  compensation  ;  nor  unless  the  public  exigencies' require  it. 

22.  No  tax  or  duty  shall  be  imposed  without  the  consent  of  the 
people,  or  their  representatives  in  the'  Legislature. 

23.  No  title  of  nobility  or  hereditary  distinction,  privilege,  honor, 
or  emolument,  shall  ever  be  granted  or  confirmed ;  nor  shall  any 
office  be  created,  the  appointment  to  which  shall  be  for  a  longer 
time  than  during  good  behavior.  • 

24.  The  enumeration  of  certain  rights  shall  not  impair  nor  deny 
others  retained  by  the  people. 

ARTICLE   IL 

Electors. 

Sec.  1.  Every  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  excepting  paupers,  persons  under 
guardianship,  and  Indians  not  taxed,  having  his  residence  establish- 
ed in  this  State  for  the  term  of  three  months  next  preceding  any 
election,  shall  be  an  elector  for  Governor,  senators,  and  representa- 
tives, in  the  town  or  plantation  where  his  residence  is  so  established, 
and  the  elections  shall  be  by  written  ballot.  But  persons  in  the 
military,  naval,  or  marine  service  of  the  United  States,  or  this 
State,  shall  not  be  considered  as  having  obtained  such  established 
residence  by  being  stationed  in  any  garrison,  barrack,  or  military 
place,  in  any  town  or  plantation :  nor  shall  the  residence  of  a  stu- 
dent at  any  seminary  of  learning  entitle  him  to  the  right  of  suiFrage 
in  the  town  or  plantation  where  such  seminary  is  established. 

2.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  on  the  days  of  election,  during 
their  attendance  at,  going  to,  and  returning  therefrom. 

3.  No  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any 
day  of  election,  except  in  time  of  war  or  public  danger. 


MAINE.  27 


4.  The  election  of  Governor,  senators,  and  representatives  shall 
be  on  the  second  Monday  of  September,  annually,  forever. 

ARTICLE    III 

Distribution  of  Powers. 

Sec.  1.  The  powers  of  this  government  shall  be  divided  into  three 
distinct  departments,  the  legislative.,  executive^  Budi  judicial. 

2.  No  person  or  persons,  belonging  to  one  of  these  departments, 
shall  exercise  any  of  the  powers  properly  belonging  to  either  of  the 
Others,  except  in  the  cases  herein  expressly  directed  or  permitted. 

ARTICLE    IV. 

Part  first. — Legislative  Power — House  of  Represeiitatives. 

Sec.  1.  The  legislative  power  shall  be  vested  in  two  distinct 
branches :  a  House  of  Representatives  and  a  Senate ;  each  to  have  a 
negative  on  the  other,  and  both  to  be  styled  the  Legislature  of 
Maine  :  and  the  style  of  their  acts  and  laws  shall  be,  "  Be  it  enacted., 
by  the  Senate  and  House  of  Representatives  in  Legislature  assembled." 

2.  The  House  of  Representatives  shall  consist  of  not  less  than 
one  hundred,  nor  more  than  two  hundred  members,  to  be  elected  by 
the  qualified  electors  for  one  year  from  the  next  day  preceding  the 
annual  meeting  of  the  Legislature — which  shall  first  be  convened 
under  this  Constitution,  shall,  on  or  before  the  fifteenth  day  of 
August,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-one,  and  the  Legislature  within  every  subsequent  period  of 
at  most  ten  years,  and  at  least  five,  cause  the  number  of  the  inhab- 
itaiits  of  the  State  to  be  ascertained,  exclusive  of  foreigners  not 
naturalized,  and  Indians  not  taxed.  The  number  of  representatives 
shall,  at  the  several  periods  of  mailing  such  enumeration,  be  fixed 
and  apportioned  among  the  several  counties,  as  near  as  may  be,  ac- 
cording to  the  number  of  inhabitants,  having  regard  to  the  relative 
increase  of  population.  The  number  of  representatives  shall,  on 
said  first  apportionment,  be  not  less  than  one  hundred  nor  more  than 
one  hundred  and  fifty ;  and  whenever  the  number  of  representatives 
shall  be  two  hundred,  at  the  next  annual  meetings  of  elections, 
which  shall  thereafter  be  had,  and  at  every  subsequent  period  of 
ten  years,  the  people  shall  give  in  their  votes  whether  the  number 
of  representatives  shall  be  increased  or  diminished ;  and  if  a  ma- 
jority of  votes  are  in  favor  thereof,  it  shall  be  the  duty  of  the  next 
Legislature  thereafter  to  increase  or  diminish  the  number  by  the 
rule  hereinafter  prescribed. 

3.  Each  town  having  fifteen  hundred  inhabitants  may  elect  one 
representative ;  each  town  having  three  thousand  seven  hundred 
and  fifty  may  elect  two  ;  each  town  having  six  thousand  seven  hun- 
dred and  fifty  may  elect  three ;  each  town  having  ten  thousand  five 


28  CONSTITUTION    OP 


hundred  may  elect  four ;  each  town  having  fifteen  thousand  may 
elect  five  :  each  town  having  twenty  thousand  two  hundred  and 
fifty  may  elect  six  ;  each  town  having  twenty-six  thousand  two  hun- 
dred and  fifty  inhabitants  may  elect  seven ;  but  no  town  shall  ever 
be  entitled  to  more  than  seven  representatives  ;  and  towns  and  plan- 
tations, duly  organized,  not  having  fifteen  hundred  inhabitants,  shall 
be  classed,  as  conveniently  as  may  be,  into  districts,  containing  that 
number,  and  so  as  not  to  divide  towns ;  and  each  such  district  may 
elect  one  representative ;  and  when  on  this  apportionment,  the 
number  of  representatives  shall  be  two  hundred,  a  different  appor- 
tionment shall  take  place  upon  the  above  principle  ;  and,  in  case  the 
fifteen  hundred  shall  be  too  large  or  too  small  to  apportion  all  the 
representatives  to  any  county,  it  shall  be  so  increased  or  diminished 
as  to  give  the  number  of  representatives  according  to  the  above  rule 
and  proportion ;  and  whenever  any  town  or  towns,  plantation  or 
plantations,  not  entitled  to  elect  a  representative,  shall  determine 
against  a  classification  with  any  other  town  or  plantation,  the  Legis- 
lature may,  at  each  apportionment  of  representatives,  on  the  appli- 
cation of  such  town  or  plantation,  authorize  it  to  elect  a  representa- 
tive for  such  portion  of  time,  and  such  periods,  as  shall  be  equal  to 
its  portion  of  representation,  and  the  right  of  representation,  so 
established,  shall  not  be  altered  until  the  next  general  apportion- 
ment. 

4.  No  person  shall  be  a  member  of  the  House  of  Kepresentatives, 
unless  he  shall,  at  the  commencement  of  the  period  for  which  he  is 
elected,  have  been  five  years  a  citizen  of  the  United  States  :  having 
arrived  at  the  age  of  twenty-one  years  ;  have  been  a  resident  in  this 
State  one  year,  or  from  the  adoption  of  this  Constitution  ;  and,  for 
the  three  months  next  preceding  the  time  of  his  election,  shall  have 
been,  and  during  the  period  for  which  he  is  elected,  shall  continue 
to  be,  a  resident  in  the  town  or  district  which  he  represents. 

5.  The  meetings  for  the  choice  of  representatives  shall  be  warned, 
in  due  course  of  law,  by  the  selectmen  of  the  several  towns,  seven 
days,  at  least,  before  the  election ;  and  the  selectmen  thereof  shall 
preside  impartially  at  such  meetings,  receive  the  votes  of  all  the 
qualified  electors  present,  sort,  count,  and  declare  them,  in  open 
town  meeting,  and  in  the  presence  of  the  town  clerk,  who  shall  form 
a  list  of  the  persons  voted  for,  with  the  number  of  votes  for  each 
person  against  his  name,  shall  make  a  fair  record  thereof  in  the 
presence  of  the  selectmen,  and  in  open  town  meeting ;  and  a  fair 
copy  of  this  list  shall  be  attested  by  the  selectmen  and  town  clerk, 
and  delivered  by  said  selectmen  to  each  representative  within  ten 
days  next  after  such  election.  And  the  towns  and  plantations,  or- 
ganized by  law,  belonging  to  any  class  herein  provided,  shall  hold 
their  meetings  at  the  same  time  in  the  respective  towns  and  planta- 
tions ;  and  the  town  and  plantation  meetings  in  such  towns  and 
plantations,  shall  be  notified,  held,  and  regulated,  the  votes  received, 
sorted,  counted  and  declared,  in  the  same  manner.     And  the  asses- 


MAINE.  29 


sors   and   clerks  of  plantations  shall  have  all  the  powers,  and  be 
subject  to  all  the  duties,  which  selectmen  and  town  clerks  have,  and 
are  subject  to,  by  this  Constitution.     And  the  selecting^  of  such 
towns,  and  the 'assessors  of  such  plantations  so  classed,  shall,  within 
four  days  next  after  such  meeting,  meet  at  some   place,  to  be  pre- 
scribed and  notified  by  the  selectmen  or  assessors  of  the  eldest  town 
or  plantation  in  such  class,  and  the  copies  of  said  lists  shall  be  then 
examined  and  compared ;  and,  in  case  any  person  shall  be  elected 
by  a  majority  of  all  the  votes,  the  selectmen  or  assessors  shall  deliv- 
er the  certified  copies  of  such  lists  to  the  person  so  elected,  within 
ten  days  next  after  such  election ;  and  the  clefks  of  towns  and  plan- 
tations, respectively,  shall  seal  up  copies  of  all  such  lists,  and  cause 
them  to  be  delivered  into  the  secretary's  office  twenty  days  at  least 
before  the  first  Wednesday  in  January,  annually ;  but,  in  case  no  - 
person  shall  have  a  majority  of  votes,  the  selectmen  and  assessors 
shall  as  soon  as  may  be,  notify  another  meeting,  and  the  same  pro- 
ceedings shall  be  at  every  future  meeting  until  an  election  shall  have 
been  effected,  provided,  that  the  Legislature  may,  by  law,  prescribe  a 
different  mode  of  returning,  examining,  and  ascertaining  the  election 
of  the  representatives  in  such  classes. 

6.  Whenever  the  seat  of  a  member  shall  be  vacated,  by  death, 
resignation,  or  otherwise,  the  vacancy  may  be  filled  by  a  new  election. 

7.  The  House  of  Representatives  shall  choose  their  speaker,  clerk, 
and  other  officers. 

.     8.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment. 

Part  second. — Senate. 

^  1.  The  Senate  shall  consist  of  not  less  than  twenty,  nor  more 
than  thirty-one  members  ;  elected  at  the  same  time,  and  for  the  same 
term,  as  the  representatives,  by  the  qualified  electors  of  the  districts 
into  which  the  State  shall  from  time  to  time  be  divided. 

2.  The  Legislature  which  shall  be  first  convened  under  this  Con- 
stitution shall,  on  or  before  the  fifteenth  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-one,  and  the 
Legislature  at  every  subsequent  period  of  ten  years,  cause  the  State 
to  be  divided  into  districts  for  the  choice  of  senators.  The  district 
shall  conform,  as  near  as  may  be,  to  county  lines,  and  be  apportioned 
according  to  the  number  of  inhabitants.  The  number  of  Senators- 
shall  not  exceed  twenty  at  the  first  apportionment,  and  shall,  at  each 
apportionment,  be  increased,  until  they  shall  amount  to  thirty-one, 
according  to  the  increase  in  the  House  of  Representatives. 

3.  The  meetings  for  the  election  of  senators  shall  be  notified, 
held,  and  regulated,  and  the  votes  received,  sorted,  counted,  declared, 
and  recorded,  in  the  same  manner  as  those  for  representatives ;  and 
fair  copies  of  the  lists  of  votes  shall  be  attested  by  the  selectmen  and 
town  clerks  of  towns,  and  the  assessors  and  clerks  of  plantations, 


oO  CONSTITUTION    OF 


and  sealed  up  in  open  town  and  plantation  meetings,  and  the  town 
and  plantation  clerks,  respectively,  shall  cause  the  same  to  be  deliv- 
ered into  the  secretary's  office  thirty  days  at  least  hefore  the  first 
Wednesday  of  January.  All  other  qualified  electors,  living  in  pla- 
ces unincorporated,  who  shall  be  assessed  to  the  support  of  govern- 
ment by  the  assessors  of  an  adjacent  town,  shall  have  the  privilege 
of  voting  for  senators,  representatives,  and  governor,  in  such  town, 
and  shall  be  notified  by  the  selectmen  thereof,  for  the  purpose  ac- 
cordingly. 

4.  The  governor  and  council  shall,  as  soon  as  may  be,  examine  re- 
turned copies  of  such  lists,  and,  twenty  days  before  the  said  first 
Wednesday  of  January,  issue  a  summons  -o  such  persons  as  shall 
appear  to  be  elected  bs  a  majority  of  the  votes  in  each  district,  to 

■  attend  that  day  and  take  their  seats. 

5.  The  Senate  shall,  on  the  said  first  Wednesday  of  January,  an- 
nually, determine  who  are  elected  by  a  majority  of  votes  to  be  sena- 
tors in  each  district :  and,  in  case  the  full  number  of  senators  to  be 
elected  from  each  district  shall  not  have  been  so  elected,  the  mem- 
bers of  the  House  of  Representatives,  and  such  senators  as  shall 
have  been  elected,  shall,  from  the  highest  number  of  the  persons 
voted  for,  on  said  lists,  equal  to  twice  the  number  of  senators  defi- 
cient, in  every  district  if  there  be  so  many  voted  for,  elect,  by  joint 
ballot,  the  number  of  senators  required  ;  and  in  this  manner  all 
vacancies  in  the  Senate  shall  be  supplied,  as  soon  as  may  be  after 
such  vacancies  happen. 

6.  The  senators  shall  be  twenty-five  years  of  age  at  the  commence- 
ment of  the  term  for  which  they  are  elected,  and  in  all  other  respects 
their  qualifications  shall  be  the  same  as  those  of  the  representatives. 

7.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments ; 
and,  when  sitting  for  that  purpose,  shall  be  on  oath  or  affirmation ; 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present.  Their  judgment,  however,  shall  not 
extend  further  than  to  removal  from  office,  and  disqualification  to 
hold  or  enjoy  any  office  of  honor,  trust,  or  profit  under  this  State ; 
but  the  party,  whether  convicted  or  acquitted,  shall,  nevertheless, 
be  liable  to  indictment,  trial,  judgment,  and  punishment,  according 
to  law. 

8.  The  Senate  shall  choose  their  president,  secretary,  and  other 
officers. 

Part  third. — Legislative  Power. 

Sec.  1.  The  Legislature  shall  convene  on  the  first  Wednesday  of 
January,  annually,  and  shall  have  full  power  to  make  and  establish 
all  reasonable  laws  and  regulations  for  the  defense  and  benefit  of 
the  people  of  this  State,  not  repugnant  to  this  Constitution,  nor  to 
that  of  the  United  States. 

2.  Every  bill  or  resolution,  having  the  force  of  law,  to  which  the 
concurrence  of  both  houses  may  be  necessary,  except  on  a  question 


MAINE.  31 


of  adjournment,  which  shall  have  passed  both  houses,  shall  be  pre- 
sented to  the  Governor,  and  if  he  approve,  he  shall  sign  it ;  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on  its  jour- 
nals, and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
two-thirds  of  that  house  shall  agree  to  pass  it,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which  it  shall  be 
reconsidered  ;  and,  if  approved  by  two-thirds  of  that  house,  it  shall 
have  the  sanae  effect  as  if  it  had  been  signed  by  the  Governor ;  but, 
in  all  such  cases,  the  votes  of  both  houses  shall  be  taken  by  yeas 
and  nays,  and  the  names  of  the  persons  voting  for  and  against  the 
bill  or  resolution,  shall  be  entered  on  the  journals  of  both  houses 
respectively.  If  the  bill  or  resolution  shall  not  be  reiurned  by  the 
Governor  within  five  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  it  shall  have  the  same  force,  and  effect  as  if 
he  had  signed  it ;  unless  the  Legislature  by  their  adjournment  pre- 
vent its  return,  in  which  case  it  shall  have  sueh  force  and  effect. 
unless  returned  within  three  days  after  their  next  meeting. 

3.'  Each  house  shall  be  the  judge  of  the  elections  and  qualifica- 
tions of  its  own  members,  and  a  majority  shall  constitute  a  quorum 
to  do  business  ;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members,  in  such  manner 
and  under  such  penalties  as  each  house  shall  provide. 

4.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behaviour,  and,  with  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause. 

5.  Each  house  shall  keep  a  journal,  and  from  time  to  time  pub- 
lish its  proceedings,  except  such  parts  as,  in  their  judgment,  may 
require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either 
house,  on  any  question,  shall,  at- the  desire  of  one-fifth  of  those  pre- 
sent, be  entered  on  the  journals. 

6.  Each  house,  during  its  session,  may  punish,  by  imprisonment,  • 
any  person,  not  a  member,  for  disrespectful  or  disorderly  behaviour 
in  its  presence  ;  for  obstructing  any  of  its  proceedings  ;  threatening, 
assaulting,  or  abusing  any  of  its  members  for  anything  said,  done, 
or  doing,  in  either  house :  Provided,  that  no  imprisonment  shall 
extend  beyond  the  period  of  the  same  session. 

7.  The  senators  and  representatives  shall  receive  such  compensa- 
tion a&  shall  be  established  by  law ;  but  no  law  increasing  their 
compensation  shall  take  effect  during  the  existence  of  the  Legislature 
which  enacted  it.  The  expenses  of  the  members  of  the  House  of 
Representatives  in  traveling  to  the  Legislature  and  returning  there- 
from, once  in  each  session,  and  no  more,  shall  be  paid  by  the  State, 
out  of  the  public  treasury,  to  every  member  who  shall  seasonably 
attend,  in  the  judgment  of  the  House,  and  does  not  depart*  there- 
from without  leave. 

8    The  senators  and  representatives  shall,  •  in  all  cases,  except 


32  CONSTITUTION    OP 


treason,  ffelony,  or  breach  of  tlie  peace,  be  privileged  from  arrest 
during  their  attendance  at,  going  to,  and  returning  from  each  ses- 
sion of  the  Legislature,  and  no  member  shall  be  liable  for  anything 
spoken  in  debate  in  either  house,  in  any  court  or  place  elsewhere. 

9.  Bills,  orders,  or  resolutions  may  originarte  in  either  house,  and 
may  be  altered,  amended,  or  rejected  in  the  other  ;  but  all  bills  for 
raising  a  revenue  shall  originate  in  the  House  of  Representatives, 
but  the  Senate  may  propose  amendments,  as  in  other  cases ;  pro- 
vided, that  they  shall  not,  under  color  of  amendment,  introduce  any 
new  matter,  which  does  not  relate  to  raising  a  revenue. 

1 0.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit 
under  this  State,  which  shall  h^ve  been  created,  or  the  emoluments 
of  which  increased  during  such  term,  except  such  offices  as  may  be 
filled  by  elections  by  the  people  f  provided  that  this  prohibition 
shall  not  extend  to  the  members  of  the  first  Legislature. 

11.  No  member  of  Congress,  nor  person  holding  any  office  under 
the  United  States  (post  officers  excepted),  nor  office  of  profit  under 
this  State,  justices  of  the  peace,  notaries  public,  coroners,  and  offi- 
cers of  the  militia,  excepted,  shall  have  a  seat  in  either  house  during 
his  being  such  member  of  Congress,  or  his  continuing  in  such  office. 

12.  Neither  house  shall,  during  the  session,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place 
than  that  in  which  the  houses  shall  be  sitting. 

ARTICLE  V. 
Part  first. — Executive  Power. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  Grovernor. 

2.  The  G-overnor  shall  be  elected  by  the  qualified  electors,  and  shall 
hold  his  office  one  year,  from  the  first  Wednesday  of  January  in 
each  year. 

3.  The  meetings  for  election  of  Grovernor  shall  be  notified,  held, 
and  regulated,  and  votes  shall  be  received,  sorted,  counted,  declared 
and  recorded,  in  the  same  manner  as  those  for  senators  and  repre- 
sentatives. They  shall  be  sealed  and  returned  into  the  Secretary's 
office  in  the  same  manner,  and  at  the  same  tim.e,  as  those  for  senators. 
And  the  Secretary  of  State  for  the  time  being  shall,  on  the  first 
Wednesday  of  January  then  next,  lay  the  list  before  the  Senate  and 
House  of  Representatives,  to  be  by  them  examined ;  and,  in  case  of 
a  choice  by  a  majority  of  all  the  votes  returned,  they  shall  declare 
and  publish  the  same.  But  if  no  person  shall  have  a  majority  of 
votes,  the  House  of  Representatives  shall,  by  ballot,  from  the  per- 
sons having  the  four  highest  numbers  of  votes  on  the  list,  if  so 
many  there  be,  elect  two  persons,  and  make  return  of  their  names 
to  the  Senate,  of  whom  the  Senate  shall,  by  ballot,  elect  one,  who 
shall  be  declared  the*  Governor. 


\ 

MAINE.  33 


4.  The  Governor  shall,  at  the  commencemeiit  of  his  term,  be  not 
less  than  thirty  years  of  age ;  a  natural  born  citizen  of  the  United 
States  ;  have  been  five  years,  or  from  the  adoption  of  this  Constitu- 
tion, a  resident  of  the  State  ;  and  at  the  time  of  his  election,  and 
during  the  term  for  which  he  is  elected,  be  a  resident  of  said  State. 

5.  No  person  holding  any  office  or  place  under  the  United  States, 
this  State,  or  any  other  power,  shall  exercise  the  office  of  Grovernor. 

6.  The  Governor  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  not  be  increased  or  diminished  during  his 
continuance  in  office. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  the 
State,  and  of  the  militia,  except  when  called  into  the  actual  service 
of  the  United  States ;  but  he  shall  not  march  nor  convey  any  of  the 
citizens  out  of  the  State  without  their  consent,  or  that  of  the  Legisla- 
ture, unless  it  shall  become  necessary,  in  order  to  march  or  transport 
them  from  one  part  of  the  State  to  another,  for  the  defense  thereof 

8.  He  shall  nominate,  and,  with  the  advice  and  consent  of  the 
council,  appoint,  all  judicial  officers,  the  attorney -general,  the  sheriff, 
coroners,  registers  of  probate,  and  notaries  public ;  and  he  shall 
also  nominate,  and  with  the  advice  and  consent  of  the  Council,  ap- 
point, all  other  civil  and  military  officers  whose  appointment  is  not, 
by  this  Constitution  or  shall  not  by  law,  be  otherwise  provided  for ; 
and  every  such  nomination  shall  be  made  seven  days  at  least  prior 
to  such  appointment. 

•  9.  He  shall,  from  time  to  time,  give  the  Legislature  information  of 
the  condition  of  the  State,  and  recommend  to  their  consideration 
such  measures  as  he  may  judge  expedient. 

10.  He  may  require  information  from  any  military  officer,  or  any 
officer  in  the  executive  department,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 

11.  He  shall  have  power,  with  the  advice  and  consent  of  the 
Council,  to  remit,  after  conviction,  all  forfeitures  and  penalties,  and 
grant  reprieves  and  pardons,  except  in  cases  of  impeachment. 

12.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

13.  He  may,  on  extraordinary  occasions,  convene  the  Legisla- 
ture ;  and,  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  beyond  the  day  of  the  next  annual  meet- 
ing ;  and  if,  since  their  last  adjournment,  the  place  where  the  Legis- 
lature were  next  •to  convene,  shall  have  become  dangerous  from  an 
enemy,  or  contagious  sickness,  may  direct  the  session  to  be  held  at 
some  other  convenient  place  within  the  State. 

14.  Whenever  the  office  of  Governor  shall  become  vacant  by  death, 
resignation,  removal  from  office,  or  otherwise,  the  President  of  the 
Senate,  shall  exercise  the  office  of  Governor  until  another  Governor 
shall  be  duly  qualified ;  and,  in  case  of  the  death,  resignation,  re- 
moval from  office,  or  other  disqualification  of  the  President  of  the 
Senate,  so  exercising  the  office   of  Governor,  the  Speaker  of  the 


34  CONSTITUTION    OF 


House  of  Representatives  shall  exercise  the  office,  until  a  President 
of  the  Senate  shall  have  been  chosen  ;  and  when  the  office  of  Grovernor, 
President  of  the  Senate,  and  Speaker  of  the  House  shall  become 
vacant,  in  the  recess  of  the  Senate,  the  person  acting  as  Secretary  of 
State  for  the  time  being  shall,  by  proclamation,  convene  the  Senate, 
that  a  President  maybe  chosen  to  exercise  the  office  of  Governor.  And 
whenever  either  the  President  of  the  Senate  or  Speaker  of  the 
House  "shall  so  exercise  said  office,  he  shall  receive  only  the  compen- 
sation of  Governor,  but  his  duties  as  President  or  Speaker  shall  be 
suspended ;  and  the  Senate  or  House  shall  fill  the  vacancy,  until  his 
duties  as  Governor  shall  cease. 

Part  second. —  Council. 

Sec.  1.  There  shall  be  a  Council,  to  consist  of  seven  persons,  citizens 
of  the  United  States,  and  residents  of  this  State,  to  advise  the  Gov- 
ernor in  the  executive  part  of  the  government,  whom  the  Governor 
shall  have  full  power,  at  his  discretion,  to  assemble ;  and  he,  with 
the  counselors,  or  a  majority  of  them,  may,  from  time  to  time,  hold 
and  keep  a  council,  for  ordering  and  directing  the  affairs  of  State  ac- 
cording  to  law. 

2.  The  counselors  shall  be  chosen  annually,  on  tjie  first  Wed- 
nesday of  January,  by  joint  ballot  of  the  senators  and  representa- 
tives in  convention ;  and  vacancies  which  shall  afterwards  happen, 
shall  be  filled  in  the  same  manner ;  but  not  more  than  one  counsel- 
or shall  be  elected  from  any  district  prescribed  for  the  election  of 
senators  ;  and  they  shall  be  privileged  from  arrest  in  the  same  man- 
ner as  senators  and  representatives. 

3.  The  resolutions  and  advice  of  council  shall  be  recorded  in  a 
register,  and  signed  by  the  members  agreeing  thereto,  which  may  be 
called  for  by  either  house  of  the  Legislature  ;  and  any  counselor 
may  enter  his  dissent  to  the  resolution  of  the  majority. 

4.  No  member  of  Congress,  or  of  the  Legislature  of  this  State, 
nor  any  person  holding  any  office  under  the  United  States,  (post  of- 
ficers excepted,)  nor  any  civil  officers  under  this  State,  (justices  of 
the  peace  and  notaries  public  excepted,)  shall  be  counselors.  And 
no  counselor  shall  be  appointed  to  any  office  during  the  time  for 

"which  he  shall  have  been  elected. 

Part  third. — Secretary. 
Sec.  1.  The  Secretary  of  State  shall  be  chosed  annually,  at  the 
first  session  of  the  Legislature,  by  joint  ballot  of  the  senators  and 
representatives  in  convention. 

2.  The  records  of  the  State  shall  be  kept  in  the  office  of  the  Se- 
cretary, who  may  appoint  his  deputies,  for  whose  conduct  he  shall 
be  accountable. 

3.  He  shall  attend  the  Governor  and  Council,  Senate  and  House 
of  Representatives,  in  person,  or  by  his  deputies,  as  they  shall  re- 
spectively require. 


MAINE.  '  35 


4.  He  shall  carefully  keep  and  preserve  tlie  records  of  all  the 
official  acts  and  proceedings  of  the  Grovernor  and  Council,  Senate, 
and  House  of  Kepresentatives,  and,  when  required,  lay  the  same 
before  either  branch  of  the  Legislature,  and  perform  such  other  duties 
as  are  enjoined  by  this  Constitution,  or  shall  be  acquired  by  law. 

Part  fourth. — Treasurer. 

Sec.  1.  The  Treasurer  shall  be  chosen  annually,  at  the  first  ses- 
sion of  the  Legislature,  by  joint  ballot  of  the  senators  and  represen- 
tatives in  convention,  but  shall  not  be  eligible  more  than  five  years 
successively. 

2.  The  Treasurer  shall,  before  entering  on  the  duties  of  his  office, 
give  bond  to  the  State,  with  sureties,  to  the  satisfaction  of  the  Legis- 
lature, for  the  faithful  discharge  of  his  trust. 

3.  The  Treasurer  shall  not,  during  his  continuance  in  office,  en- 
gage in  any  business  of  trade  or  commerce,  or  as  a  broker,  nor  as  an 
agent  or  factor  for  any  merchant  or  trader. 

4.  No  money  shall  be  drawn  from  the  treasury,  but  by  warrant 
from  the  Governor  and  Council,  and  in  consequence  of  appropria- 
tions made  by  law ;  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  at 
the  commencement  of  the  annual  session  of  the  Legislature. 

ARTICLE   VL 

Judicial  Power. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  a  Su- 
preme Judicial  Court,  and  such  other  courts  as  the  Legislature 
shall,  from  time  to  time,  establish. 

2.  The  justices  of  the  Supreme  Judicial  Court  shall,  at  stated 
times,  receive  a  compensation,  which  shall  not  be  diminished  during 
their  continuance  in  office,  but  they  shall  receive  no  other  fee  or 
reward. 

3.  They  shall  be  obliged  to  give  their  opinion  upon  important 
questions  of  law,  and  upon  solemn  occasions,  when  required  by  the 
Governor,  Council,  Senate,  or  House  of  Representatives. 

4.  All  judicial  officers,  except  justices  of  the  peace,  shall  hold  their 
offices  during  good  behavior,  but  not  beyond  the  age  of  seventy 
years. 

5.  Justices  of  the  peace  and  notaries  public  shall  hold  their  offices 
during  seven  years,  if  they  so  long  behave  themselves  well,  at  the 
expiration  of  which  term,  they  may  be  re-appointed,  or  others  ap- 
pointed, as  the  public  interest  may  require. 

6.  The  justices  of  the  Supreme  Judicial  Court  shall  hold  no  office 
under  the  United  States,  nor  any  state,  nor  any  other  office  under 
this  State,  except  that  of  justice  of  the  peace. 


36  '  CONSTITUTION    OP 


ARTICLE  YIl. 

Military. 
Sec.  1.  The  captains  and  subalterns  of  the  militia  shall  be  elected 
by  the  written  votes  of  the  members  of  their  respective  companies ; 
the  field-officers  of  regiments,  by  the  written  votes  of  the  cap- 
tains and  subalterns  of  their  respective  regiments  ;  the  brigadier- 
generals,  in  like  manner,  by  the  field  officers  of  their  respective  bri- 
gades. 

2.  The  Legislature  shall,  by  law,  direct  the  manner  of  notifying 
the  electors,  conducting  the  elections,  and  making  the  returns  to  the 
Governor  of  the  officers  elected ;  and  if  the  electors  shall  neglect  or 
refuse  to  make  such  elections,  after  being  duly  notified  according  to 
law,  the  Grovernor  shall  appoint  suitable  persons  to  fill  such  offices. 

3.  The  major-general  shall  be  elected  by  the  Senate  and  House 
of  Representatives,  each  having  a  negative  on  the  other.  The  adju- 
tant-general and  quartermaster-general  shall  be  appointed  by  the 
Grovernor  and  Council ;  but  the  adjutant-general  shall  perform  the 
duties  of  quartermaster-general,  until  otherwise  directed  by  law. 
The  major-generals  and  brigadier-generals,  and  the  commanding 
officers  of  regiments  and  battalions,  shall  appoint  their  respective 
stafi"-officers ;  and  all  military  officers  shall  be  commissioned  by  the 
Governor. 

4.  The  militia,  as  divided  into  divisions,  brigades,  regiments,  bat- 
talions, and  companies,  pursuant  to  the  laws  now  in  force,  shall 
remain  so  organized,  until  the  same  shall  be  altered  by  the  Legis- 
lature. 

5.  Persons  of  the  denomination  of  Quakers  and  Shakers,  justices 
of  the  Supreme  Judicial  Court,  and  ministers  of  the  gospel,  may  be 
exempted  from  military  duty  ;  but  no  other  person,  of  the  age  of 
eighteen  and  und6r  the  age  of  forty-five  years,  excepting  officers  of 
the  militia  who  have  been  honorably  discharged,  shall  be  so  exempt- 
ed, unless  he  shall  pay  an  equivalent,  to  be  fixed  by  law. 

ARTICLE   YIIL 

Literature. 
A  general  diffusion  of  the  advantages  of  education  being  essen- 
tial to  the  preservation  of  the  rights  and  liberties  of  the  people :  to 
promote  this  important  object,  the  Legislature  are  authorized,  and 
it  shall  be  their  duty,  to  require  the  several  towns  to  make  suitable 
provision,  at  their  own  expense,  for  the  support  and  maintenance 
of  public  schools ;  and  it  shall  further  be  their  duty  to  encourage 
and  suitably  endow,  from  time  to  time,  as  the  circumstances  of 
the  people  may  authorize,  all  academies,  colleges,  and  seminaries  of 
learning,  within  the  State :  provided,  that  no  donation,  grant,  or  en- 
dowment, shall  at  any  time  be  made  by  the  Legislature,  to  any  lite- 
rary institution  now  established,  or  which  may  hereafter  be  estab- 


MAINE.  37 


lished,  unless  at  the  time  pf  making  such  endowment,  the  Legisla- 
ture of  the  State  shall  have  the  right  to  grant  any  further  powerg 
to  alter,  limit,  or  restrain  any  of  the  powers  vested  in  any  such 
literary  institution,  as  shall  be  judged  necessary  to  promote  the 
best  interests  thereof. 

ARTICLE   ix. 

General  Provisions. 

Sec.  1.  Every  person  elected  or  appointed  to  either  of  the  places 
or  offices  provided  in  this  Constitution,  and  every  person  elected, 
appointed,  or  commissioned,  to  any  judicial,  executive,  military,  or 
other  office  under  this  State,  shall,  before  he  enter  on  the  discharge 
of  the  duties  of  his  place  or  office,  take  and  subscribe  the  following 

oath  or  affirmation  :  "  I, ,  do  swear,  that  I  will  support  the 

Constitution  of  the  United  States  and  of  this  State,  so  long  as  I 
shall  continue  a  citizen  thereof.     So  help  me  God." 

"  I, ,  do  swear,  that  I  will  faithfully  discharge,  to  the  best 

of  my  abilities,  the  duties  incumbent  on  me  as ,  according  to 

the  Constitution  and  the  laws  of  the  State :  so  help  me  God :"  pro- 
vided, that  an  affirmation  in  the  above  forms  may  be  substituted, 
when  the  persons  shall  be  conscientiously  scrupulous  of  taking  and 
subscribing  an  oath. 

The  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
Governor  and  counselors  before  the  presiding  officer  of  the  Senate, 
in  the  presence  of  both  bouses  of  the  Legislature,  and  by  the  sena- 
tors and  representatives  before  the  Governor  and  Council,  and  by 
the  residue  of  said  officers  before  such  person  as  shall  be  prescribed 
by  the  Legislature ;  and,  whenever  the  Governor  or  any  counsellor 
shall  not  be  able  to  attend,  during  the  session  of  the  Legislature,  to 
take  and  subscribe  said  oaths  or  affirmations,  such  oaths  or  affirma- 
tions may  be  taken  and  subscribed,  in  the  recess  of  the  Legislature, 
before  any  justice  of  the  Supreme  Judicial  Court:  provided,  that 
the  senators  and  representatives  first  elected  under  this  Constitu- 
tion shall  take  and  subscribe  such  oaths  or  affirmations,  before  the 
President  of  the  Convention. 

2.  No  person  holding  the  office  of  justice  of  the  Supreme  Judi- 
cial Court,  or  of  any  inferior  court,  attorney-general,  county  attor- 
ney, treasurer  of  the  State,  adjutant-general,  judge  of  probate,  regis- 
ter of  probate,  register  of  deeds,  sheriffs  or  their  deputies,  clerks  of 
the  judicial  courts,  shall  be  a  member  of  the  Legislature ;  and  any 
person  holding  either  of  the  foregoing  offices,  elected  to  and  accept- 
ing a  seat  in  the  Congress  of  the  United  States,  shall  thereby  vacate 
said  office  :  and  no  person  shall  be  capable  of  holding  or  exercising, 
at  the  same  time,  within  this  State,  more  than  one  of  the  offices  be- 
fore mentioned. 

3.  All  commissions  shall  be  in  the  name  of  the  State,  signed  by 

4 


38  CONSTITUTION    OF 


the  Governor,  attested  by  the  Secretary  or  his  deputy,  and  have  the 
seal  of  the  State  thereto  affixed. 

4.  And  in  case  the  elections  required  by  this  Constitution  on  the 
first  "Wednesday  of  January,  annually,  by  the  two  houses  of  the 
Legislature,  shall  not  be  completed  on  that  day,  the  same  may  be 
adjourned  from  day  to  day  until  completed,  in  the  following  order : 
the  vacancies  in  the  Senate  shall  first  be  filled  ;  the  Governor  shall 
then  be  elected,  if  there  be  no  choice  by  the  people ;  and,  after- 
wards, the  two  houses  shall  elect  the  Council. 

5.  Every  person  holding  any  civil  office  under  this  State  may  be 
removed,  by  impeachment,  for  misdemeanor  in  office ;  and  every 
person  holding  any  office  may  be  removed  by  the  Governor,  with  the 
advice  of  the  Council,  on  the  address  of  both  branches  of  the  Legis- 
lature. But,  before  such  address  shall  pass  either  house,  the  causes 
of  removal  shall  be  stated  and  entered  on  the  journal  of  the  house 
in  which  it  originated,  and  a  copy  thereof  served  on  the  person  in 
office,  that  he  may  be  admitted  to  a  hearing  in  his  defense. 

6.  The  tenure  of  all  offices,  which  are  not  or  shall  not  be  other- 
wise provided  for,  shall  be  during  the  pleasure  of  the  Governor  and 
Council. 

7.  While  the  public  expenses  shall  be  assessed  on  polls  and 
estates,  a  general  valuation  shall  be  taken  at  least  once  in  ten  years. 

8.  All  taxes  upon  real  estate,  assessed  by  authority  of  this  State, 
shall  be  apportioned  and  assessed  equally,  according  to  the  just 
value  thereof 

ARTICLE   X. 

Schedule. 

Sec.  1.  The  first  Legislature  shall  meet  on  the  last  "Wednesday 
in  May  next.  The  elections  on  the  second  Monday  in  September, 
annually,  shall  not  commence  until  the  year  one  thousand  eight 
hundred  and  twenty-one,  and,  in  the  meantime,  the  election  for 
Governor,  senators  and  representatives,  shall  be  on  the  first  Mon- 
day in  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty  ;  and. at  this  election  the  same  proceedings  shall  be  had 
as  are  required  at  the  elections  provided  for  in  this  Constitution,  on 
the  second  Monday  in  September,  annually,  and  the  lists  of  the 
votes  for  the  Governor  and  senators  shall  be  transmitted  by  the 
town  and  plantation  clerks,  respectively,  to  the  Secretary  of  State 
'pro  tem'pore,  seventeen  days  at  least  before  the  last  "Wednesday  in 
May  next ;  and  the  President  of  the  Convention  shall,  in  presence 
of  the  Secretary  of  State,  pro  tem'pore.,  open  and  examine  the  attested 
copies  of  said  lists,  so  returned  for  senators,  and  shall  have  all  the 
powers,  and  be  subject  to  all  the  duties  in  ascertaining,  notifying, 
and  summoning  the  senators  who  appear  to  be  elected,  as  the  Gov- 
ernor and  Council  have,  and  are  subject  to,  by  this  Constitution : 
provided,  he  shall  notify  said  senators  fourteen  days  at  least  before 


MAINE.  39 


the  last  Wednesday  in  May,  and  vacancies  shall  be  ascertained  and 
filled  in  the  manner  herein  provided ;  and  the  senators  to  be  elected 
on  the  said  first  Monday  of  April  shall  be  apportioned  as  follows : 

The  county  of  York  shall  elect  three  ;  the  county  of  Cumberland 
shall  elect  three ;  the  county  of  Lincoln  shall  elect  three  ;  the  county 
of  Hancock  shall  elect  two ;  the  county  of  Washington  shall  elect 
one  ;  the  county  of  Kennebec  shall  elect  three  ;  the  county  of  Ox- 
ford shall  elect  two ;  the  county  of  Somerset  shall  elect  two ;  the 
county  of  Penobscot  shall  elect  one.  • 

And  the  members  of  the  House  of  Representatives  shall  be  elect- 
ed, ascertained,  and  returned  in  the  same  manner  as  herein  provided 
at  elections  on  the  second  Monday  of  September :  and  the  first 
House  of  Representatives  shall  consist  of  the  following  number,  to 
be  elected  as  follows : 

County  of  York. — The  towns  of  York  and  Wells  may  each  elect 
two  representatives ;  and  each  of  the  remaining  towns  may  elect 
one. 

County  of  Cumberland. — The  town  of  Portland  may  elect  three 
representatives  ;  North  Yarmouth,  two  ;  Brunswick,  two  ;  Gorham, 
two ;  Freeport  and  Pownal,  two ;  Raymond  and  Otisfield,  one ; 
Bridgton,  Baldwin,  and  Harrison,  one  ;  Poland  and  Danville,  one ; 
and  each  remaining  town,  one. 

County  of  Lincoln. — The  towns  of  Georgetown  and  Phipsburg 
may  elect  one  representative  ;  Lewistown  and  Wales,  one ;  St. 
George,  Gushing,  and  Friendship,  one  ;  Hope  and  Appleton  Ridge, 
one ;  Jefferson,  Putnam,  and  Patricktown  Plantation,  one ;  Alba 
and  Whitefield,  one  ;  Montville,  Palermo,  and  Montville  Planta- 
tion, one ;  Woolwich  and  Dresden,  one ;  and  each  remaining 
town,  one. 

County  of  Hancock. — The  town  of  Bucksport  may  elect  one  re- 
presentative ;  Deer  Island,  one ;  Castine  and  Brooksville,  one  ;  Or- 
land  and  Penobscot,  one ;  Mount  Desert  and  Eden,  one ;  Vinal- 
haven  and  Isleborough,  one ;  Sedgwick  and  Bluehill,  one  ;  Goulds- 
borough,  Sullivan,  and  Plantations  Nos.  8  and  9,  north  of  Sullivan, 
one ;  Surry,  Ellsworth,  Trenton,  and  Plantation  of  Mariaville, 
one ;  Lincolnville,  Searsmont,  and  Belmont,  one ;  Belfast  and 
Northport,  one  ;  Prospect  and  Swanville,  one  ;  Frankfort  and  Mon- 
roe, one  ;  Knox,  Brooks,  Jackson,  and  Thorndike,  one. 

County  of  Washington. — The  towns  of  Steuben,  Cherryfield,  and 
Harrington,  may  elect  one  representative ;  Addison,  Columbia,  and 
Jonesborough,  one ;  Machias,  one  ;  Lubec,  Dennysville,  Plantations 
No.  9,  No.  10,  No.  11,  No.  12,  one;  Eastport,  one ;  Perry,  Robin- 
son, Calais,  Plantations  No.  3,  No.  6,  No.  7,  No.  15,  and  No.  16, 
one. 

County  of  Kennebec. — The  towns  of  Belgrade  and  Dearborn  may 
elect  one  representative ;  Chesterville,  Vienna,  and  Rome,  one  ; 
Wayne  and  Fayette,  one ;  Temple  and  Wilton,  one ;  Winslow  and 


40  CONSTITUTION    OF 


China,  one  ;  Fairfax  and  Freedom,  one ;  Unity,  Joy,  and  Twenty- 
five  Mile  Pond  Plantation,  one ;  Harlem  and  Malta,  one ;  and  each 
remaining  town,  one. 

County  of  Oxford. — The  towns'  of  Dixfield,  Mexico,  Wield,  and 
Plantations  Nos.  1  and  4,  may  elect  one  representative ;  Jay  and 
Hartford,  one ;  Livermore,  one ;  Rumford,  East  Andover,  and 
Plantations  Nos.  7  and  8,  one  ;  Turner,  one  ;  Woodstock,  Paris,  and 
Greenwood,  one ;  Hebron  and  Norway,  one ;  Gilead,  Bethel,  New- 
ry,  Albaq^7,  and  Howard's  Gore,  one ;  Porter,  Hiram,  and  Brown- 
field,  one  ;  Waterford,  Sweden,  and  Lovell,  one  ;  Denmark,  Frye- 
burg,  and  Fryeburg  Addition,  one ;  Buckfield  and  Sumner,  one. 

County  of  Somerset. — The  town  of  Fairfield  may  elect  one  repre- 
sentative ;  Norridgwock  and  Bloomfield,  one ;  Starks  and  Mercer, 
one ;  Industry,  Strong,  and  New  Vineyard,  one  ;  Avon,  Phillips, 
Freeman,  and  Kingfield,  one  ;  Anson,  New  Portland,  Embden,  and 
Plantation  No.  1,  one  ;  Canaan,  Warsaw,  Palmyra,  St.  Albans,  and 
Corinna,  one  ;  Madison,  Solon,  Bingham,  Moscow,  and  Northhill, 
one ;  Cornville,  Athens,  Harmony,  Ripley,  and  Warrenstown,  one. 

County  of  Penobscot. — The  towns  of  Hampden  and  Newburg  may 
elect  one  representative;  Orrington,  Brewer,  and  Eddington,  and 
Plantations  adjacent,  on  the  east  side  of  Penobscot  River,  one  ; 
Bangor,  Orono,  and  Sunkhaze  Plantation,  one  ;  Dixmont,  Newport, 
Carmel,  Hermon,  Stetson,  and  Plantation  No.  4,  in  the  6th  range, 
one  ;  Levant,  Corinth,  Exeter,  New  Charlestown,  Blakesburg,  Plan- 
tation No.  1,  in  3d  range,  and  Plantation  No.  1,  in  4th  range,  one  ; 
Dexterr,  Garland,  Guilford,  Sangerville,  and  Plantation  No.  3,  in 
6th  range,  one  ;  Atkinson,  Sebec,  Foxcroft,  Brownville,  Williams- 
burgh,  Plantation  No.  1,  in  7th  range,  and  Plantation  No.  3,  in  7th 
range,  one. 

And  the  Secretary  of  State,  'pro  tempore^  shall  have  the  same  powers 
and  be  subject  to  the  same  duties,  in  relation  to  the  votes  for  Gov- 
ernor, as  the  Secretary  of  State  has,  and  is  subject  to,  by  this  Con- 
stitution :  and  the  election  of  Governor  shall,  on  the  said  last 
Wednesday  in  May,  be  determined  and  declared  in  the  same  man- 
ner as  other  elections  of  Governor  are  by  this  Constitution  ;  and,  in 
case  of  vacancy  in  said  office,  the  President  of  the  Senate,  and 
Speaker  of  the  House  of  Representatives,  shall  exercise  the  office  as 
herein  otherwise  provided,  and  the  counselors.  Secretary,  and  Trea- 
surer, shall  also  be  elected  on  the  said  day,  and  have  the  same 
powers,  and  be  subject  to  the  same  duties,  as  is  provided  in  this 
Constitution  ;  and  in  case  of  the  death  or  other  disqualification  of 
the  President  of  this  Convention,  or  of  the  Secretary  of  State  pro 
tempore^  before  the  election  and  qualification  of  the  Governor,  or  Se- 
cretary of  State,  under  this  Constitution,  the  persons  to  be  designated 
by  this  Convention,  at  their  session  in  January  next,  shall  have  all 
the  powers,  and  perform  all  the  duties,  which  the  President  of  this 
Convention,  or  the  Secretary  jpro  tempore.,  to  be  by  them  appointed, 
shall  have  and  perform. 


MAINE.  41 


2.  The  period  for  which  the  governors,  senators  and  representa- 
tives, counselors.  Secretary,  and  Treasurer,  first  elected,  or  appoint- 
ed, are  to  serve  in  their  respective  offices  and  places,  shall  commence 
on  the  last  Wednesday  in  May,  ih  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty,  and  continue  until  the  first  Wednes- 
day of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty-two. 

3.  All  laws  now  in  force  in  this  State,  and  not  repugnant  to  this 
Constitution,  shall  remain  and  be  in  force  until  altered  or  repealed 
by  the  Legislature,  or  shall  expire  by  their  own  limitation. 

4.  The  Legislature,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  may  propose  amendments  to  this  Constitution  ; 
and  when  any  amendment  shall  be  so  agreed  upon,  a  resolution 
shall  be  passed  and  sent  to  the  selectmen  of  the  several  towns,  and 
the  assessors  of  the  several  plantations,  empowering  and  directing 
them  to  notify  the  inhabitants  of  their  respective  towns  and  planta- 
tions, in  the  manner  prescribed  by  law,  at  their  next  annual  meet- 
ings in  the  month  of  September,  to  give  in  their  votes  on  the  ques- 
tion whether  such  amendment  shall  be  made  ;  and  if  it  shall  appear 
that  a  majority  of  the  inhabitants  voting  on  the  question  are  in  fa- 
vor of  such  amendment,  it  shall  become  a  part  of  this  Constitution. 

5.  All  officers  provided  for  in  the  sixth  section  of  an  act  of  the 
Commonwealth  of  Massachusetts,  passed  on  the  nineteenth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  nine- 
teen, entitled,  "  An  act  relating  to  the  separation  of  the  District  of 
Maine  from  Massachusetts  proper,  and  forming  the  same  into  a 
separate  and  independent  State,"  shall  continue  in  office,  as  therein 
provided  ;  and  the  following  provisions  of  said  act  shall  be  a  part  of 
this  Constitution  :  subject,. however,  to  be  modified,  or  annulled,  as 
therein  is  prescribed,  and  not  otherwise,  to  wit: 

"  Sect.  1.  Whereas  it  has  been  represented  in  this  Legislature' 
that  a  majority  of  the  people  of  the  District  of  Maine  are  desirous 
of- establishing  a  separate  and  independent  government  within  said 
district:  Therefore, 

"  Be  it  enacted^  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Court  assembled^  and  by  the  authority  of  the  same^  That  the  con- 
sent of  this  commonwealth  be,  and  the  same  is  hereby  given,  that 
the  district  of  Maine  maybe  formed  and  erected  into  a  separate  and 
independent  State,  if  the  people  of  the  said  district  shall,  in  the 
manner  and  by  the  majority  hereinafter  mentioned,  express  theii: 
consent  and  agreement  thereto,  upon  the  following  terms  and  condi- 
tions :  and,  provided  the  Congress  of  the  United  States  shall  give 
its  consent  thereto  before  the  fourth  day  of  March  next ;  which 
terms  and  conditions  are  as  follows,  viz. : 

"  First.  All  the  lands  and  buildings  belonging  to  the  common- 
wealth within  Massachusetts  proper,  shall  continue  to  belong  to  said 
commonwealth  ;  and  all  the  lands  belonging  to  the  commonwealth 
within  the  district  of  Maine  shall  belong,  the  one  half  thereof  to  the 


42  CONSTITUTION    OF 


said  commonwealth,  and  the  other  half  thereof  to  the  State  to  be 
formed  within  the  said  district,  to  be  divided  as  is  hereinafter  men- 
tioned ;  and  the  lands  within  the  said  district,  which  shall  belong 
to  the  said  commonwealth,  shall-  be  free  from  taxation  while  the 
title  of  the  said  lands  remains  in  the  commonwealth  ;  and  the  rights 
of  the  commonwealth  to  their  lands  within  said  district,  and  the 
remedies  for  the  recovery  thereof,  shall  continue  the  same  within 
the  proposed  State  and  in  the  courts  thereof,  as  they  now  are  within 
the  said  commonwealth  and  in  the  courts  thereof;  for  which  pur- 
poses, and  for  the  maintenance  of  its  rights  and  recovery  of  its 
lands,  the  said  commonwealth  shall  be  entitled  to.  all  other  proper 
and  legal  remedies,  and  may  appear  in  the  courts  of  the  proposed 
State,  and  in  the  courts  of  the  United  States  holden  therein ;.  and 
all  rights  of  action  for,  or  entry  into  lands,  and  of  action  upon 
bonds,  for  the  breach  of  the  performance  of  the  condition  of  set- 
tling duties,  so  called,  which  have  accrued,  or  may  accrue,  shall  re- 
main in  this  commonwealth,  to  be  enforced,  commuted,  released,  or 
otherwise  disposed  of,  in  such  manner  as  this  commonwealth  may 
hereafter  determine:  provided,  however,  that  whatever  this  com- 
monwealth may  hereafter  receive  or  obtain  on  account  thereof,  if 
any  thing  shall,  after  deducting  all  reasonable  charges  relating  there- 
to, be  divided,  one-third  part  thereof  to  the  new  State,  and  two- 
third  parts  thereof  to  this  commonwealth. 

"  Second.  All  the  arms  which  have  been  received  by  this  common- 
wealth from  the  United  States,  under  the  law  of  Congress,  entitled, 
'  An  act  making  provision  for  arming  and  equipping  the  whole  body 
of  militia  of  the  United  States,  passed  April  the  twenty-third,  one 
thousand  eight  hundred  and  eight,'  shall,  as  soon  as  the  said  district 
shall  become  a  separate  State,  be  divided  between  the  two  States,  in 
proportion  to  the  returns  of  the  militia,  according  to  which  the  said 

*arms  have  been  received  from  the  United  States,  as  aforesaid. 

•'  Third.  All  money,  stock  or  other  proceeds,  hereafter  derived 
from  the  United  States,  on  account  of  the  claim  of  this  common- 
wealth, for  disbursements  made,  and  expenses  incurred,  for  the  defence 
of  the  State  during  the  late  war  with  Great  Britain,  shall  be  re- 
ceived by  this  commonwealth  ;  and  when  received,  shall  be  divided 
between  the  two  States,  in  the  proportion  of  two  thirds  to  this  com- 
ip.onwealth,  and  one  third  to  the  new  State. 

"  Fourth.  All  other  property,  of  every  description,  belonging  to 

,  th^  commonwealth,  shall  be  holden  and  receivable  by  the  same,  as  a 
fund  and  security  for  all  debts,  annuities,  and  Indian  subsidies,  or 
claims,  due  by  said  commonwealth ;  and  within  two  years  after  the 
said  district  shall  have  become  a  separate  State,  the  commissioners 
to  be  appointed,  as  hereinafter  provided,  if  the  said  States  cannot 
otherwise  agree,  shall  assign  a  just  portion  of  the  productive  proper- 
ty so  held  by  said  commonwealth,  as  an  equivalent  and  indemnifica- 
tion to  said  commonwealth  for  all  such  debts,  annuities,  or  Indian 
subsidies,  or  claims,  which  may  remain  due,  or  unsatisfied ;  and  all 


MAINE.  43 


the  surplus  of  the  said  property,  so  holden,  as  aforesaid,  shall  be  di- 
vided between  the  said  commonwealth  and  the  said  district  of  Maine, 
in  the  proportion  of  two-thirds  to  the  said  commonwealth  and  one- 
third  to  the  said  district ;  and  if,  in  the  judgment  of  the  said  com- 
missioners, the  whole  of  said  property,  so  held,  as  a  fund  and  secu- 
rity, shall  not  be  sufficient  indemnification  for  the  purpose,  the  said 
district  shall  be  liable  for,  and  shall  pay  to  said  commonwealth,  one- 
third  of  the  deficiency. 

"  Fifth.  The  new  State  shall,  as  soon  as  the  necessary  arrange- 
ments can  be  made  for  that  purpose,  assume  and  perform  all  the 
duties  and  obligations  of  this  commonwealth  towards  the  Indians 
within  said  district  of  Maine,  whether  the  same  arise  from  treaties, 
or  otherwise ;  and  for  this  purpose  shall  obtain  the  assent  of  said 
Indians,  and  their  release  to  this  commonwealth  of  claims  and  stip- 
ulations arising  under  the  treaty  at  present  existing  between  the 
sa,id  commonwealth  and  said  Indians :  and,  as  indemnification  to 
such  new  State  therefor,  this  commonwealth,  when  such  arrange- 
ments shall  be  completed,  and  the  said  duties  and  obligations  as- 
sumed, shall  pay  to  said  new  State  the  value  of  thirty  thousand  dol- 
lars, in  manner  following,  viz.  :  The  said  commissioners  shall  set  off,, 
by  metes  and  bounds,  so  much  of  any  part  of  the  land,  within  the 
said  district,  falling  to  this  commonwealth,  in  the  division  of  'the 
public  lands  hereinafter  provided  for,  as,  in  their  estimation,  shall 
be  of  the  value  of  thirty  thousand  dollars ;  and  this  commonwealth 
shall,  thereupon,  assign  the  same  to  the  said  new  State,  or,  in  lieu 
thereof,  may  pay  the  sum  of  thirty  thousand  dollars,  at  its  election : 
which  election  of  the  said  commonwealth  shall  be  made  within  one 
year  from  the  time  that  notice  of  the  doings  of  the  commissioners, 
on  this  subject,  shall  be  made  known  to  the  Grovernor  and  Council : 
and  if  not  made  within  that  time,  the  election  shall  be  with  the  new 
State. 

"  Sixth.  Commissioners,  with  the  powers  and  for  the  purpose  men- 
tioned in  this  act,  shall  be  appoinied  in  manner  following :  The  exe- 
cutive authority  of  each  State  shall  appoint  two  ;  and  the  four  so 
appointed,  or  the  major  part  of  them,  shall  appoint  two  more  ;  but, 
if  they  cannot  agree  in  the  appointment,  the  executive  of  each  State 
shall  appoint  one  in  addition ;  not,  however,  in  that  case,  to  be  a  cit- 
izen of  its  own  State.  And  any  vacancy  happening  with  respect  to 
the  commissioners,  shall  be  supplied  in  the  manner  provided  for 
their  original  appointment ;  and,  in  addition  to  the  powers  herein- 
before given  to  said  commissioners,  they  shall  have  full  power  and 
authority  to  divide  all  the  public  lands  within  the  district  between 
the  respective  States,  in  equal  shares,  or  moieties,  in  severalty, 
having  regard  to  quantity,  situation,  and  quality ;  they  shall  de- 
termine what  lands  shall  be  surveyed  and  divided,  from  time  to  time, 
the  expenses  of  which  surveys,  and  of  the  commissioners,  shall  be 
borne  equally  by  the  two  States.  They  shall  keep  fair  records  of  their 
doings,  and  of  the  surveys  made  by  their  direction,  copies  of  which 


44  CONSTITUTION    OF 


records,  authenticated  by  them,  shall  be  deposited,  from  time  to 
time,  in  the  archives  of  the  respective  States  ;  transcripts  of  which, 
properly  certified,  may  be  admitted  in  evidence,  in  all  questions 
touching  the  subject  to  which  they  relate.  The  executive  authority 
of  each  State  may  revoke  the  power  of  either  or  both  its  commis- 
sioners ;  having,  however,  first  appointed  a  substitute  or  substitutes, 
and  may  fill  any  vacancy  happening  with  respect  to  its  own  comnais- 
sioners;  four  of  said  commissioners  shall  constitute  ^a  quorum  for 
the  transaction  of  business  ; .  their  decision  shall  be  final  upon  all 
subjects  within  their  cognizance.  In  case  said  commission  shall  ex- 
pire, the  same  not  having  been  completed,  and  either  State  shall  re- 
quest the  renewal  or  filling  up  of  the  same,  it  shall  be  renewed  or 
filled  up  in  the  same  manner  as  is  herein  provided  for  filling  the 
same  in  the  first  instance,  and  with  the  like  powers :  and  if  either 
shall,  after  six  months'  notice,  neglect  or  refuse  to  appoint  its  com- 
missioners, the  other  may  fill  up  the  whole  commission. 

"  Seventh.  All  grants  of  lands,  franchises,  immunities,  corporate 
or  other  rights,  and  all  contracts  for,  or  grants  of  lands  not  yet 
located,  which  have  been,  or  may  be,  made  by  the  said  common- 
wealth, before  the  separation  of  said  district  shall  take  place,  and 
having  or  to  have  effect  within  the  said  district,  shall  continue  in 
full  force,  after  the  said  district  shall  become  a  separate  State.  But 
the  grant  which  has  been  made  to  the  President  and  trustees  of 
Bowdoin  College,  out  of  the  tax  laid  upon  the  banks  within  this 
commonwealth,  shall  be  charged  upon  the  tax  upon  the  banks  within 
the  said  district  of  Maine,  and  paid  according  to  the  terms  of  said 
grant ;  and  the  President  and  trustees,  and  the  overseers  of  said 
College,  shall  have,  hold,  and  enjoy  their  powers  and  privileges  in 
all  respects :  so  that  the  same  shall  not  be  subject  to  be  altered, 
limited,  annulled,  or  restrained,  except  by  judicial  process,  according 
to  the  principles  of  law ;  and,  in  all  grants  hereafter  to  be  made,  by 
either  state,  of  unlocated  land  within  the  said  district,  the  same  re- 
servations shall  be  made  for  the  benefit  of  schools,  and  of  the  min- 
istry, as  have  heretofore  been  usual  in  grants  made  by  this  com- 
monwealth. And  all  lands  heretofore  granted  by  this  commonwealth 
to  any  religious,  literary,  or  elemosynary  corporation,  or  society, 
shall  be  free  from  taxation,  while  the  same  continues  to  be  owned 
by  such  corporation  or  society. 

"  Eighth.  No  laws  shall  be  passed  in  the  proposed  State,  with  re- 
gard to  taxes,  actions,  or  remedies  at  law,  or  bars,  or  limitations 
thereof,  or  otherwise  making  any  distinction  between  the  lands  and 
rights  of  property  of  proprietors  not  resident  in,  or  not  citizens  of, 
said  proposed  State,  and  the  lands  and  rights  of  property  of  the  cit- 
izens of  the  proposed  State,  resident  therein :  and  the  rights  and 
liabilities  of  all  persons  shall,  after  the  said  separation,  continue 
the  same  as  if  the  said  district  was  still  a  part  of  this  commonwealth, 
in  all  suits  pending,  or  judgments  remaining  unsatisfied,  on  the  fif- 
teenth day  of  March  next,  where  the  suits  have  been  commenced  in 


MAINE.  45 


Massachusetts  proper,  and  process  has  been  served  within  the  dis- 
trict of  Maine ;  or  commenced  in  the  district  of  Maine,  and  process 
has  been  served  in  Massachusetts  proper,  either  by  taking  bail, 
making  attachments,  arresting  and  4etaining  persons,  or  otherwise, 
where  execution  remains  to  be  done ;  and  in  such  suits,  the  courts 
within  Massachusetts  proper,  and  within  the  proposed  State,  shall 
continue  to  have  the  same  jurisdiction  as  if  the  said  district  had 
still  remained .  a  part  of  the  commonwealth.  And  this  common- 
wealth shall  have  the  same  remedies  within  the  proposed  State  as  it 
now  has,  for  the  collection  of  all  taxes,  bonds,  or  debts,  which  may 
be  assessed,  due,  made,  or  contracted,  by,  to,  or  with  the  common- 
wealth, on  or  before  the  said  fifteenth  day  of  March,  within  the  said 
district  of  Maine ;  and  all  officers  within  Massachusetts  proper  and 
the  district  of  Maine  shall  conduct  themselves  accordingly. 

"  Ninth.  These  terms  and  conditions,  as  here  set  forth,  when  the 
said  district  shall  become  a  separate  and  independent  State,  shall, 
ipso  facto,  be  incorporated  into,  and  become,  and  be  a  part  of,  any 
constitution,  provisional  or  other,  under  which  the  government  of 
the  said  proposed  State  shall,  at  any  time  hereafter,  be  administered ; 
subject,  however,  to  be  modified  or  annulled  by  the  agreement  of 
the  Legislature  of  both  the  said  States ;  but  by  no  other  power  or 
body  whatsoever." 

Sec.  6.  This  Constitution  shall  be  enrolled  on  parchment,  de- 
posited in  the  Secretary's  office,  and  be  the  supreme  law  of  the 
State ;  and  printed  copies  thereof  shall  be  prefixed  to  the  books 
containing  the  laws  of  this  State. 

Done  in  Convention,  October  29,  1819. 


AMENDMENTS  TO  THE  CONSTITUTION, 

Adopted  in  pursuance  of  the  Fourth  Section  of  the  Tenth  Article  of  the 
original  Constitution. 

ARTICLE  L 

The  electors  resident  in  any  city,  may,  at  any  meeting  duly  noti- 
fied for  the  choice  of  representatives,  vote  for  such  representatives 
in  their  respective  ward  meetings ;  and  the  wardens  in  said  wards 
shall  preside  impartially  at  such  meetings,  receive  votes  of  all  quali- 
fied electors  present,  sort,  count,  and  declare  *them  in  open  ward 
meetings,  and,  in  the  presence  of  the  ward  clerk,  who  shall  form  a 
list  of  the  persons  voted  for,  with  the  number  of  votes  for  each  per- 
son against  his  name ;  shall  make  a  fair  record  thereof  in  the  pres- 
ence of  the  wardens,  and  in  open  ward  meeting  ;  and  a  fair  copy  of 
this  list  shall  be  attested  by  the  warden  and  ward  clerk,  sealed  up 


46  CONSTITUTION    OF    MAINE. 

in  open  ward  meeting,  and  delivered  to  the  city  clerk  within  twenty- 
four  hours  after  the  close  of  the  polls.  And  the  aldermen  of  any 
city  shall  be  in  session,  at  their  usual  place  of  meeting,  within 
twenty-four  hours  after  any  election,  and  in  the  presence  of  the  city 
clerk,  shall  examine  and  compare  the  copies  of  said  lists ;  and  in 
case  any  person  shall  have  received  a  majority  of  all  the  votes,  he 
shall  be  declared  elected  by  the  aldermen  ;  and  the  city  clerk  of  any 
city  shall  make  a  record  thereof,  and  the  aldermen  and  city  clerk 
shall  deliver  certified  copies  of  such  lists  to  the  person  or  persons 
so  elected,  within  ten  days  after  the  election.  And  the  electors  resi- 
dent in  any  city  may,  at  any  meeting  duly  notified  and  holden  for 
the  choice  of  any  other  civil  officers  for  whom  they  have  been  re- 
quired heretofore  to  vote  in  town  meeting,  vote  for  such  officers  in 
their  respective  wards,  and  the  same  proceedings  shall  be  had  by 
the  warden  and  ward  clerk  in  each  ward,  as  in  the  case  of  votes  for 
representatives.  And  the  aldermen  of  any  city  shall  be  in  session 
within  twenty-four  hours  after  the  close  of  the  polls  in  such  meet- 
ings, and  in  the  presence  of  the  city  clerk,  shall  open,  examine,  and 
compare  the  copies  from  the  lists  of  votes  given  in  the  several  wards, 
of  which  the  city  clerk  shall  make  a  record,  and  a  return  thereof 
shall  be  made  into  the  Secretary  of  State's  office,  in  the  same  man- 
ner as  selectmen  of  towns  are  required  to  do. 

ARTICLE  II. 

No  person,  before  conviction,  shall  be  bailable  for  any  of  the 
crimes  which  now  are  or  have  been  denominated  capital  offences 
since  the  adoption  of  the  Constitution,  when  the  proof  is  evident 
or  the  presumption  great,  whatever  the  punishment  of  the  crime 
may  be. 

ARTICLE  IIL 

All  judicial  officers  now  in  office,  or  who  may  be  hereafter  appoint- 
ed, shall,  from  and  after  the  first  day  of  March  in  the  year  1840,  hold 
their  offices  for  the  term  of  seven  years  from  the  time  of  their  re- 
spective appointments,  (unless  sooner  removed  by  impeachment  or 
by  address  of  both  branches  of  the  Legislature  to  the  Executive,) 
and  no  longer,  unless  re-appointed  thereto. 

ARTICLE  IV. 

The  second  section,  article  fourth,  part  first,  of  the  constitution,  is 
amended  by  substituting  the  w^ords  one  hundred  and  ffty-one  for 
"  not  less  than  one  hundred  nor  more  than  two  hundred,"  before  the 
word  "  members"  in  said  section,  so  as  to  establish  the  number  of 
representatives  for  the  state  at  the  number  of  one  hundred  and  fifty- 
one  ;  and  the  latter  part  of  said  section,  being  the  w^ords  and  sen- 
tences  following :  "  and,  whenever  the  number  of  representatives 
shall  be  two  hundred,  at  the  next  annual  meetings  of  election  wh^ch 
shall  thereafter  be  had,  and  at  every  subsequent  period  of  ten  years, 


MAINE.  a4i6 


the  people  shall  give  in  their  votes,  whether  the  number  of  repre- 
sentatives shall  be  increased  or  diminished,  and  if  a  majority  of  votes 
are  in  favor  thereof,  it  shall  be  the  duty  of  the  next  legislature 
thereafter  to  increase  or  diminish  the  number  by  the  rule  hereinafter 
prescribed,"  shall  not  be  a  part  of  the  constitution  ;  but  one  hundred 
and  fifty-one  representatives  shall  be  apportioned  according  to  the 
rule  in  this  constitution. 

ARTICLE  V. 

[*The  annual  meeting  of  the  legislature  shall  be  on  the  second 
Wednesday  of  May,  in  each  year ;  and  the  governor  and  other  state 
officers  elected  for  the  political  year  commencing  on  the  first  Wednes- 
day of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-five,  shall  hold  their  offices  till  the  second  Wednesday 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-six.] 

ARTICLE  VI. 

The  credit  of  the  state  shall  not  be  directly  or  indirectly  loaned  in 
any  case. 

The  legislature  shall  not  create  any  debt  or  debts,  liability  or  lia- 
bilities, on  behalf  of  the  state,  which  shall  singly,  or  in  the  aggre- 
gate, with  previous  debts  and  liabilities  hereafter  incurred  at  any  one 
time,  exceed  three  hundred  thousand,  dollars,  except  to  suppress 
insurrection,  to  repel  invasion,  or  for  purposes  of  war;  but  this 
amendment  shall  not  be  construed  to  refer  to  any  money  that  has 
been,  or  may  be  deposited  with  this  state  by  the  government  of  the 
United  States,  or  to  any  fund  which  the  state  shall  hold  in  trust  for 
any  Indian  tribe. 

ARTICLE  VII. 

The  constitution  of  this  state  is  amended  in  the  fifth  section  of  the 
first  part  of  the  fourth  article,  by  striking  out  the  words,  "  a  majo- 
rity of  all  the,"  and  inserting  instead  thereof,  the  words,  "  the  high- 
est number  of,"  and  by  striking  out  the  words  "  a  majority"  where 
they  again  occur  in  the  same  section,  and  inserting  instead  thereof,  the 
words  "  the  highest  number ;"  also  in  the  first  amendment  to  the 
constitution  of  this  state,  by  striking  out  the  words  "  a  majority  of 
all  the,"  and  inserting  instead  thereof,  the  words  "  the  highest  num- 
ber of." 

ARTICLE  VIIL 

The  annual  meeting  of  the  legislature  shall  be  on  the  first  Wednes- 
day of  January,  in  each  year ;  and  the  governor  and  other  state 
officers  elected  for-  the  political  year  commencing  on  the  second 
Wednesday  of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-one,  shall  hold  their  offices  till  the  first  Wednesday 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-two. 

Annulled.    See  8th  Amendment. 


NEW  HAMPSHIRE. 


New  Hampshire  was  first  visited  by  Europeans  in  1614.  The  first  settle- 
ment was  made  at  Dover  and  Portsmouth  in  1623,  three  years  after  the  land- 
ing of  the  Pilgrims  at  Plymouth,  under  a  charter  to  F.  Gorges,  from  James  I. 

The  early  inhabitants  were  greatly  annoyed  by  the  Indians,  and,  in  their 
repeated  wars  with  them,  suffered  more  than  any  other  of  the  colonies.  This 
colony  was  twice  united  with  that  of  Massachusetts.  The  final  separation 
took  place  in  1741,  when  the  boundaries  of  the  two  colonies  were  settled. 
New  Hampshire  publicly  declared  itself  independent  of  Massachusetts,  June 
15th,  1776,  and  in  December,  of  the  same  year,  framed  a  temporary  form  of 
government.  The  first  Constitution  was  adopted  in  1784.  This  State  was 
admitted  into  the  Union  in  1788.  Its  present  Constitution  was  adopted  in 
1792.     Area,  9,280  square  miles.    Population,  in  1850,  317,864. 

CONSTITUTION. 


PART   I. 

Bill  of  Rights. 

Art.  1.  All  men  are  born  equally  free  and  independent :  There- 
fore, all  government,  of  right,  originates  from  the  people,  is  founded 
in  consent,  and  instituted  for  the  general  good. 


48  CONSTITUTION    OP 


2.  All  men  have  certain  natural,  essential,  and  inherent  rights — 
among  which  are,  the  enjoying  and  defending  life  and  liberty,  ac- 
quiring, possessing,  and  protecting  property ;  and,  in  a  word,  of 
seeking  and  obtaining  happiness. 

3.  When  men  enter  into  a  state  of  society,  they  surrender  up 
some  of  their  natural  rights  to  that  society,  in  order  to  ensure  the 
protection  of,  others ;  and  without  such  an  equivalent  the  surrender 
is  void. 

4.  Among  the  natural  rights,  some  are  in  their  very  nature  un- 
alienable, because  no  equivalent  can  be  given  or  received  for  them. 
Of  this  kind  are  the  rights  of  conscience. 

5.  Every  individual  has  a  natural  and  unalienable  right  to  wor- 
ship Grod,  according  to  the  dictates  of  his  own  conscience  and  rea- 
son :  and  no  person  shall  be  hurt,  molested,  or  restrained  in  his  per- 
son, liberty,  or  estate,  for  worshiping  Grod  in  the  manner  most  agree- 
able to  the  dictates  of  his  own  conscience,  or  for  his  religious  pro- 
fession, sentiments,  or  persuasion;  provided  he  doth  not  disturb 
the  public  peace,  or  disturb  others  in  their  religious  worship. 

6.  As  morality  and  piety,  rightly  grounded  on  evangelical  prin- 
ciples, will  give  the  best  and  greatest  security  to  government,  and 
will  lay,  in  the  hearts  of  men,  the  strongest  obligations  to  due  sub- 
jection ;  and  as  the  knowledge  of  these  is  most  likely  to  be  propa- 
gated through  a  society  by  the  institution  of  the  public  worship  of 
the  Deity,  and  of  public  instruction,  in  morality  and  religion  ;  there- 
fore, to  promote  these  important  purposes,  the  people  of  this  State 
have  a  right  to  empower,  and  do  hereby  fully  empower,  the  Legis- 
lature, to  authorize,  from  time  to  time,  the  several  towns,  parishes, 
bodies  corporate,  or  religious  societies,  within  this  State,  to  make 
adequate  provision,  at  their  own  expense,  for  the  support  and  main- 
tenance of  public  Protestant  teachers  of  piety,  religion,  and  moral- 

Provided,  notwithstanding,  That  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  own  public  teachers,  and  of  contracting  with' 
them  for  their  support  and  maintenance :  And  no  person,  of  any  one 
particular  religious  sect  or  denomination,  shall  ever  be  compelled  to 
pay  towards  the  support  of  the  teacher  or  teachers  of  another  per- 
suasion, sect,  or  denomination. 

And  every  denomination  of  Christians,  demeaning  themselves 
quietly,  and  as  good  citizens  of  the  State,  shall  be  equally  under  the 
protection  of  the  law  :  and  no  subordination  of  any  one  sect  or  de- 
nomination to  another,  shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  ajQFect  any  former  con- 
tracts made  for  the  support  of  the  ministry  ;  but  all  such  contracts 
shall  remain,  and  be  in  the  same  state,  as  if  this  Constitution  had 
not  been  made. 

7.  The  people  of  this  State  have  the  sole  and  exclusive  right  of 
governing  themselves  as  a  free,  sovereign,  and  independent  State ; 


NEW    HAMPSHIRE.  ^  49 


and  do,  and  forever  hereafter  shall,  exercise  and  enjoy  every  power, 
jurisdiction,  and  right,  pertaining  thereto,  which  is  not,  and  may 
not  hereafter  be,  by  them  expressly  delegated  to  the  United  States 
of  America  in  Congress  assembled. 

8.  All  power  residing  originally  in,  and  being  derived  from  the 
people,  all  the  magistrates  and  officers  of  government  are  their  sub- 
stitutes and  agents,  and  at  all  times  accountable  to  them. 

9.  No  office  or  place  whatsover,  in  government,  shall  be  heredi- 
tary— the  ability  and  integrity  requisite  in  all  not  being  transmis- 
sible to  posterity  or  relations. 

10.  Government  being  instituted  for  the  common  benefit,  protec- 
tion, and  security  of  the  whole* community,  and  not  for  the  private 
interest  or  emolument  of  any  one  man,  family,  or  class  of  men  : 
therefore,  whenever  the  ends  of  the  government  are  perverted,  or 
public  liberty  manifestly  endangered,  and  all  other  means  of  redress 
are  ineffectual,  the  people  may,  and  of  right  ought  to,  reform  the  old, 
or  establish  a  new  government.  The  doctrine  of  non-resistance 
against  arbitrary  power  and  oppression,  is  absurd,  slavish,  and  de- 
structive of  the  good  and  happiness  of  mankind. 

11.  All  elections  ought  to  be  free,  and  every  inhabitant  of  the 
State,  having  the  proper  qualifications,  has  an  equal  right  to  elect, 
and  be  elected,  into  office. 

1 2.  Every  member  of  the  community  has  a  right  to  be  protected 
by  it,  in  the  enjoyment  of  his  life,  liberty,  and  property ;  he  is  there- 
fore jjound  to  contribute  his  share  to  the  expense  of  such  protection, 
and  to  yield  his  personal  service  when  necissary,  or  an  equivalent. 
But  no  part  of  a  man's  property  shall  be  taken  from  him,  or  applied 
to  public  uses,  without  his  own  consent,  or  that  of  the  representative 
body  of  the  people.  Nor  are  the  inhabitants  of  this  State  control- 
able  by  any  other  laws  than  those  to  which  they,  or  their  represen- 
tative body,  have  given  their  consent. 

13.  No  person  who  is  conscientiously  scrupulous  about  the  law- 
fulness of  bearing  arms,  shall  be  compelled  thereto,  provided  he  will 
pay  an  equivalent. 

14.  Every  citizen  of  this  State  is  entitled  to  a  certain  remedy,  by 
having  recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his 
person,  property,  or  character ;  to  obtain  right  and  justice  freely, 
without  being  obliged  to  purchase  it ;  completely,  and  without  denial, 
promptly,  and  without  delay,  conformable  to  the  laws. 

15.  No  person  shall  be  held  to  answer  for  any  crime  or  offence, 
until  the  same  is  fully  and  plainly,  substantially  and  formally,  de- 
scribed to  him :  nor  be  compelled  to  accuse  or  furnish  evidence 
against  himself  And  every  person  shall  have  a  right  to  produce 
all  proofs  that  may  be  favorable  to  himself ;  to  meet  the  witnesses 
against  him  face  to  face  ;  and  to  be  fully  heard  in  his  defense, 
by  himself  and  counsel.  And  no  person  shall  be  arrested,  impri- 
soned, despoiled,  or  deprived  of  his  property,  immunities,  or  privi- 
leges, put  out  of  the  protection  of  the  law,  exiled,  or  deprived  of  his 


50  CONSTITUTION    OF 


life,  liberty,  or  estate,  but  by  the  judgment  of  liis  peers,  or  the  law 
of  the  land. 

16.  No  person  shall  be  liable  to  be  tried,  after  an  acquittal,  for 
the  same  crime  or  offence.  Nor  shall  the  Legislature  make  any 
law  that  shall  subject  any  person  to  a  capital  punishment  (excepting 
for  the  government  of  the  army  and  navy,  and  the  militia  in  actual 
service),  without  trial  by  jury. 

17.  In  criminal  prosecutions,  the  trial  of  facts,  in  the  vicinity 
where  they  happen,  is  so  essential  to  the  security  of  the  life,  liberty, 
and  estate,  of  the  citizens,  that  no  crime  or  offence  ought  to  be  tried 
in  any  other  county  than  that  in  which  it  is  committed,  except  in 
cases  of  general  insurrection  in  any  particular  county,  when  it  shall 
appear  to  the  judges  of  the  superior  courts  that  an  impartial  trial 
cannot  be  had  in  the  county  where  the  offence  may  be  committed, 
and  upon  their  report  the  Legislature  shall  think  proper  to  direct 
the  trial  in  the  nearest  county  in  which  an  impartial  trial  can  be 
obtained. 

18.  All  penalties  ought  to  be  proportioned  to  the  nature  of  the 
offence.  No  wise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery,  and  the  like,  which  they  do  to  those  of  mur- 
der and  treason.  Where  the  same  undistinguished  severity  is  ex- 
erted against  all  offences,  the  people  are  led  to  forget  the  real  dis- 
tinction in  the  crimes  themselves,  and  to  commit  the  most  flagrant 
with  as  little  compunction  as  they  do  the  lightest  offences.  For  the 
same  reason,  a  multitude  of  sanguinary  laws  is  both  impolitic  and 
unjust :  the  true  design  6f  all  punishments  being  to  reform,  not  to 
exterminate  mankind. 

19.  Every  person  hath  a  right  to  be  secure  from  all  unreasonable 
searches  and  seizures  of  his  person,  his  houses,  his  papers,  and  all 
his  possessions.  Therefore,  all  warrants  to  search  suspected  places, 
or  arrest  a  person  for  examination  or  trial,  in  prosecution  for  crimi- 
nal matters,  are  contrary  to  this  right,  if  the  cause  or  foundation  of 
them  be  not  previously  supported  by  oath  or  affirmation,  and  if  the 
order  in  a  warrant  of  a  civil  officer,  to  make  search  in  suspected 
places,  or  to  arrest  one  or  more  suspected  persons,  or  to  sei^e  their 
property,  be  not  accompanied  with  a  special  designation  of  the  per- 
sons or  objects  of  search,  arrest,  or  seizure  ;  and  no  warrant  ought 
to  be  issued,  but  in  cases,  and  with  the  formalities,  prescribed  by  law. 

20.  In  all  controversies  concerning  property,  and  in  all  suits  be- 
tween two  or  more  persons,  excepting  in  cases  wherein  it  hath  been 
heretofore  otherwise  used  and  practised,  the  parties  have  a  right  to 
a  trial  by  jury  ;  and  this  right  shall  be  deemed  sacred  and  inviola- 
ble ;  but  the  Legislature  may,  by  the  Constitution,  be  empowered  to 
make  such  regulations  as  will  prevent  parties  from  having  as  many 
trials  by  jury,  in  the  same  suit  or  action,  as  hath  been  heretofore 
allowed  and  practised,  and  to  extend  the  civil  jurisdiction  of  jus- 
tices of  the  peace  to  the  trials  of  suits  where  the  sum  demanded  in 
damages  doth  not  exceed  four  pounds,  saving  the  right  of  appeal  to 


NEW   HAMPSHIRE.  51 


either  party.  But  no  such  regulations  shall  take  away  the  right  of 
trial  by  jury,  in  any  case  not  in  this  article  before  excepted,  unless 
in  cases  respecting  mariners'  wages. 

21.  In  order  to  reap  the  fullest  advantage  of  the  inestimable  pri- 
vilege of  the  trial  by  jury,  great  care  ought  to  be  taken  that  none 
but  qualified  persons  should  he  appointed  to  serve ;  and  such  ought 
to  be  fully  compensated  for  their  travel,  time,  and  attendance. 

22.  The  liberty/  of  the  press  is  essential  to  the  security  of  freedom 
in  a  State  ;  it  ought,  therefore,  to  be  inviolably  preserved. 

23.  Retrospective  laws  are  highly  injurious,  oppressive,  and  un- 
just. No  such  laws,  therefore,  should  be  made,  either  for  the  de- 
cision of  civil  causes,  or  the  punishment  of  offences. 

24.  A  well  regulated  militia  is  the  proper,  natural,  and  sure  de- 
fense of  a  State. 

25.  Standing  armies  are  dangerous  to  liberty,  and  ought  not  to 
be  raised,  or  kept  up,  without  the  consent  of  the  Legislature. 

26.  In  all  cases,  and  at  all  times,  the  military  ought  to  be  under 
strict  subordination  to,  and  governed  by  the  civil  power. 

27.  No  soldier,  in  time  of  peace,  shall  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  and  in  time  of  war,  such  quarters 
ought  not  to  be  made  but  by  the  civil  magistrate,  in  a  manner  or- 
dained by  the  Legislature. 

28.  No  subsidy,  charge,  tax,  impost,  or  duty  shall  be  established, 
fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  without  the  con- 
sent of  the  people,  or  their  representatives  in  the  Legislature,  or 
authority  derived  from  that  body. 

29.  The  power  of  suspending  the  laws,  or  the  execution  of  them, 
ought  never  to  be  exercised  but  by  the  Legislature,  or  by  authority 
derived  therefrom,  to  be  exercised  in  such  particular  cases  only  as 
the  Legislature  shall  expressly  provide  for. 

30.  The  freedom  of  deliberation,  speech,  and  debate,  in  either 
house  of  the  Legislature,  is  so  essential  to  the  rights  of  the  people, 
that  it  cannot  be  the  foundation  of  any  action,  complaint,  or  prose- 
cution, in  any  other  court  or  place  whatsoever. 

31.  The  Legislature  shall  assemble  for  the  redress  of  public  griev- 
ances, and  for  making  such  laws  as  the  public  good  may  require. 

32.  The  people  have  a  right,  in  an  orderly  and  peaceable  manner, 
to  assemble  and  consult  upon  the  public  good,  give  instructions  to 
their  representatives,  and  to  request  of  the  legislative  body,  by  way 
of  petition  or  remonstrance,  redress  of  the  wrongs  done  them,  and 
of  the  grievances  they  suffer. 

33.  No  magistrate  or  court  of  law  shall  demand  excessive  bail  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punish- 
ments. 

34.  No  person  can,  in  any  case,  be  subjected  to  law  martial,  or  to 
any  pains  or  penalties  by  virtue  of  that  law,  except  those  employed 
in  the  army  or  navy,  and  except  the  militia  in  actual  service,  but  by 
authority  of  the  Legislature. 

5 


52  CONSTITUTION    OP 


35.  It  is  essential  to  the  preservation  of  the  rights  of  every  in- 
dividual, his  life,  liberty,  property,  and  character,  that  there  be  an 
impartial  interpretation  of  the  laws  and  administration  of  justice. 
It  is  the  right  of  every  citizen  to  be  tried  by  judges  as  impartial  as 
the  lot  of  humanity  will  admit.  It  is  therefore  not  only  the  best 
policy,  but  for  the  security  of  the  rights  of  the  people,  that  the 
judges  of  the  Supreme  Judicial  Court  should  hold  their  offices  so 
long  as  they  behave  well ;  subject,  however,  to  such  limitations,  on 
account  of  age,  as  may  be  provided  by  the  Constitution  of  the  State : 
and  that  they  should  have  honorable  salaries,  ascertained  and  estab- 
lished by  standing  laws. 

36.  Economy  being  a  most  essential  virtue  in  all  states,  especially 
in  a  young  one,  no  pension  shall  be  granted  but  in  consideration  of 
actual  services ;  and  such  pensions  ought  to  be  granted  with  great 
caution  by  the  Legislature,  and  never  for  more  than  one  year  at  a 
time. 

37.  In  the  government  of  this  State,  the  three  essential  powers 
thereof,  to  wit,  the  legislative,  executive,  and  judicial,  ought  to  be 
kept  as  separate  from,  and  independent  of  each  other,  as  the  nature 
of  a  free  government  will  admit,  or  as  is  consistent  with  that  chain 
of  connection  that  binds  the  whole  fabric  of  the  Constitution  in  one 
indissoluble  bond  of  unity  and  amity. 

38.  A  frequent  recurrence  to  the  fundamental  principles  of  the 
Constitution,  and  a  constant  adherence  to  justice,  moderation,  tem- 
perance, industry,  frugality,  and  all  the  social  virtues,  are  indispen- 
sably necessary  to  preserve  the  blessings  of  liberty  and  good  gov- 
ernment ;  the  people  ought,  therefore,  to  have  a  particular  regard  to 
all  those  principles  in  the  choice  of  their  officers  and  representatives : 
And  they  have  a  right  to  require  of  their  lawgivers  and  magistrates 
an  exact  and  constant  observance  of  them  in  the  formation  and 
execution  of  the  laws  necessary  for  the  good  administration  of  the 
government. 

PART  II. 

Form  of  Government. 

The  people  inhabiting  the  territory  formerly  called  the  province 
of  New  Hampshire,  do  hereby  solemnly  and  mutually  agree  with 
each  other  to  form  themselves  into  a  free,  sovereign,  and  indepen- 
dent body  politic,  or  State,  by  the  name  of  the  State  of  New  Hamp- 
shire. 

General  Court. 

The  supreme  legislative  power,  within  this  State,  shall  be  vested 
in  the  Senate  and  House  of  Representatives,  each  of  which  shall 
have  a  negative  on  the  other. 

The  Senate  and  House  shall  assemble  every  year  on  the  first 
Wednesday  in  June — and  at  such  other  times  as  they  may  judge 


NEW    HAMPSHIRE.  53 


necessary ;  and  shall  dissolve,  and  be  dissolved,  seven  days  next 
preceding  the  said  first  Wednesday  in  June ;  and  shall  be  styled 
The  General  Court  of  Neio  Hampshire. 

The  Greneral  Court  shall  forever  have  full  power  and  authority  to 
erect  and  constitute  judicatories  and  courts  of  record,  or  other 
courts,  to  be  holden  in  the  name  of  the  State,  for  the  hearing,  trying, 
and  determining  all  manner  of  crimes,  offences,  pleas,  processes, 
plaints,  actions,  causes,  matters,  and  things  whatsoever,  arising  or 
happening  within  this  State,  or  between  or  concerning  persons  in- 
habiting or  residing,  or  brought  within  the  same,  whether  the  same 
be  criminal  or  civil,  or  whether  the  crimes  be  capital  or  not  capital, 
and  whether  the  said  pleas  be  real,  personal,  or  mixed ;  and  for 
awarding  and  issuing  execution  thereon.  To  which  courts  and  judi- 
catories, are  hereby  given  and  granted,  full  power  and  authority, 
from  time  to  time,  to  administer  oaths  or  affiirmations,  for  the  better 
discovery  of  truth  in  any  matter  in  controversy,  or  depending  before 
them. 

And  farther,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  General  Court,  from  time  to  time,  to  make,  ordain, 
and  establish  all  manner  of  wholesome  and  reasonable  orders,  laws, 
statutes,  ordinances,  directions,  and  instructions,  either  with  penal- 
ties, or  without,  so  as  the  same  be  not  repugnant  or  contrary  to  this 
Constitution,  as  they  may  judge  for  the  benefit  and  welfare  of  this 
State,  and  for  the  governing  and  ordering  thereof;  and  of  the 
citizens  of  the  same,  for  the  necessary  support  and  defense  of  the 
government  thereof ;  and  to  name  and  settle  annually,  or  provide 
by  fixed  laws  for  the  naming  and  settling  all  civil  officers  within 
this  State ;  such  officers  excepted,  the  election  and  appointment  of 
whom  are  hereafter  in  this  form  of  government  otherwise  provided 
for ;  and  to  set  forth  the  several  duties,  powers,  and  limits  of  the 
several  civil  and  military  officers  of  this  State,  and  the  forms  of 
such  oaths  or  affirmations  as  shall  be  respectively  administered  unto 
them,  for  the  execution  of  their  several  offices  and  places,  so  as  the 
same  be  not  repugnant  or  contrary  to  this  Constitution  ;  and  also 
to  impose  fines,  mulcts,  imprisonments,  and  other  punishments: 
and  to  impose  and  levy  proportional  and  reasonable  assessments, 
rates,  and  taxes  upon  all  the  inhabitants  of,  and  residents  within,  the 
said  State  ;  and  upon  all  estates  within  the  same ;  to  be  issued  and 
disposed  of  b}^  warrant,  under  the  hand  of  the  Grovernor  of  this 
State  for  the  time  being,  with  the  advice  and  consent  of  the  Council, 
for  the  public  service,  in  the  necessary  defense  and  support  of  the 
Government  of  this  State,  and  the  protection  and  preservation  of 
the  citizens  thereof,  according  to  such  acts  as  are,  or  shall  be,  in 
force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  part  thereof, 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  been 
heretofore  practised,  in  order  that  such  assessments  may  be  made 
with  equality,  there  shall  be  a  valuation  of  the  estates,  within  the 


54  CONSTITUTION    OF 


State,  taken  anew  once  in  every  five  years  at  least,  and  as  much 
oftener  as  the  Greneral  Court  shall  order. 

No  member  of  the  General  Court  shall  take  fees,  be  of  counsel  or 
act  as  advocate,  in  any  cause  before  either  branch  of  the  Legislature ; 
and  upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in 
the  Legislature. 

The  doors  of  the  galleries  of  each  house  of  the  Legislature  shall 
be  kept  open  to  all  persons  who  behave  decently,  except  when  the 
welfare  of  the  State,  in  the  opinion  of  either  branch,  shall  require 
secrecy. 

Senate. 

The  Senate  shall  consist  of  twelve  members,  who  shall  hold  their 
offices  for  one  year,  from  the  first  Wednesday  in  June  next  ensuing 
their  election. 

And  that  the  State  may  be  equally  represented  in  the  Senate,  the 
Legislature  shall,  from  time  to  time,  divide  the  State  into  twelve 
districts,  as  nearly  equal  as  may  be  without  dividing  towns  and  un- 
incorporated places  ;  and  in  making  this  division,  they  shall  govern 
themselves  by  the  proportion  of  public  taxes  paid  by  the  said  dis- 
tricts, and  timely  make  known  to  the  inhabitants  of  the  State  the 
limits  of  each  district. 

The  freeholders  and  other  inhabitants  of  each  district,  qualified 
as  in  this  Constitution  is  provided,  shall  annually  give  in  their  votes 
for  a  senator,  at  some  meeting  holden  in  the  month  of  March. 

The  Senate  shall  be  the  first  branch  of  the  Legislature :  and  the 
senators  shall  be  chosen  in  the  following  manner,  viz.  :  Every  male 
inhabitant  of  each  town,  and  parish  with  town  privileges,  and  places 
unincorporated,  in  this  State,  of  twenty-one  years  of  age  and  up- 
wards, excepting  paupers,  and  persons  excused  from  paying  taxes  at 
their  own  request,  shall  have  a  right  at  the  annual  or  other  meet- 
ings of  the  inhabitants  of  said  towns  and  parishes,  to  be  duly  warn- 
ed and  holden  annually  forever  in  the  month  of  March,  to  vote  in 
the  town  or  parish  wherein  he  dwells,  for  the  senators  of  the  county 
or  district  whereof  he  is  a  member.  • 

Provided,  nevertheless,  That  no  person  shall  be  capable  of  being 
elected  a  senator,  who  is  not  seized  of  a  freehold  estate,  in  his  own 
right,  of  the  value  of  two  hundred  pounds,  lying  within  this  State, 
who  is  not  of  the  age  of  thirty  years,  and  who  shall  not  have  been 
an  inhabitant  of  this  State  for  seven  years  immediately  preceding 
his  election,  and  at  the  time  thereof  he  shall  be  an  inhabitant  of  the 
district  for  which  he  shall  be  chosen. 

And  every  person,  qualified  as  the  Constitution  provides,  shall  be 
considered  an  inhabitant  for  the  purpose  of  electing  and  being 
elected  into  any  office  or  place  within  this  State,  in  the  town,  parish, 
and  plantation  where  he  dwelleth  and  hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorporated, 
qualified  as  this  Constitution  provides,  who  are  or  shall  be  required 


NEW    HAMPSHIRE.  55 


to  assess  taxes  upon  themselves  towards  the  support  of  government, 
or  shall  be  taxed  therefor,  shall  have  the  same  privilege  of  voting 
for  senators  in  the  plantations  and  places  wherein  they  reside,  as 
the  ifihabitants  of  the  respective  towns  and  parishes  aforesaid  have. 
And  the  meeting  of  such  plantations  and  places  for  that  purpose 
shall  be  holden  annually,  in  the  month  of  March,  at  such  places  re- 
spectively therein  as  the  assessors  thereof  shall  direct ;  which  as- 
sessors shall  have  like  authority  for  notifying  the  electors,  collecting 
and  returning  the  votes,  as  the  selectmen  and  town  clerks  have  in 
their  several  towns  by  this  Constitution. 

The  meetings  for  the  choice  of  Grovernor,  Council  and  senators 
shall  be  warned,  by  warrant,  from  the  selectmen,  and  governed  by 
a  moderator,  who  shall,  in  the  presence  of  the  selectmen,  (whose 
duty  it  shall  be  to  attend.)  in  open  meeting,  receive  the  votes  of  all 
the  inhabitants  of  such  towns  and  parishes  present,  and  qualified  to 
vote  for  senators ;  and  shall,  in  said  meetings^  in  presence  of  the 
said  selectmen  and  of  the  town  clerk,  in  said  meeting,  sort  and  count 
the  said  votes,  and  make  a  public  declaration  thereof,  with  the  name 
of  every  person  voted  for,  and  the  number  of  votes  for  each  person  : 
and  the  town  clerk  shall  make  a  fair  record  of  the  same  at  large,  in 
the  town  book,  and  shall  make  out  a  fair  attested  copy  thereof,  to  be 
by  him  sealed  up  and  directed  to  the  Secretary  of  the  State,  with  a 
superscription  expressing  the  purport  thereof:  and  the  said  town 
clerk  shall  cause  such  attested  copy  to  be  delivered  to  the  sheriff  of 
the  county  in  which  such  town  or  parish  shall  lie,  forty  days  at 
least  before  the  first  Wednesday  in  June  ;  or  to  the  Secretary  of 
the  State  at  least  thirty  days  before  the  said  first  Wednesday  in 
June  ;  and  the  sheriff  of  each  county,  or  his  deputy,  shall  deliver 
all  such  certificates  by  him  received,  into  the  Secretary's  ofiice,  at 
least  thirty  days  before  the  first  Wednesday  in  June. 

And  that  there  may  be  a  due  meeting  of  senators  on  the  first 
Wednesday  in  June  annually,  the  Governor  and  the  majority  of  the 
Council  for  the  time  being,  shall,  as  soon  as  may  be,  examine  the 
returned  copies  of  such  records,  and,  fourteen  days  before  the  said 
first  Wednesday  in  June,  he  shall  issue  his  summons  to  such  per- 
sons as  appear  to  be  chosen  senators  by  a  majority  of  votes,  to  at- 
tend and  take  their  seats  on  that  day. 

Provided^  7ieveriheless,  That  for  the  first  year,  the  said  returned 
copies  shall  be  examined  by  the  President  and  a  majority  of  the 
Council  then  in  office :  and  the  said  President  shall,  in  like  man- 
ner, notify  the  persons  elected,  to  attend  and  take  their  seats  ae 
cordingly. 

And  in  case  there  shall  not  appear  to  be  a  senator  elected  by  a 
majority  of  votes,  for  any  district,  the  deficiency  shall  be  applied  in 
the  following  manner,  viz. :  The  members  of  the  House  of  Repre- 
sentatives, and  such  senators  as  shall  be  declared  elected,  shall  take 
the  names  of  the  two  persons  having  the  highest  number  of  votes  in 
the  district,  and  out  of  them  shall  elect  by  joint  ballot  the  senator 


56  CONSTITUTION    OF 


wanted  for  such  district ;  and  in  this  manner  all  such  vacancies 
shall  be  filled  up  in  every  district  of  the  State ;  and  in  like  manner 
all  vacancies  in  the  Senate,  arising  by  death,  removal  out  of  the 
State,  or  otherwise,  shall  be  supplied  as  soon  as  may  be  after  such 
vacancies  happen. 

The  Senate  shall  be  final  judges  of  the  elections,  returns,  and 
qualifications  of  their  own  members,  as  pointed  out  in  this  Constitu- 
tion. 

The  Senate  shall  have  power  to  adjourn  themselves,  provided 
such  adjournment  do  not  exceed  two  days  at  a  time. 

Provided^  nevertheless^  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  proper,  although  the  Legislature  be  not  assembled  on 
such  day  or  at  such  place. 

The  Senate  shall  appoint  their  President  and  other  officers,  and 
determine  their  own  rules  of  proceedings  :  and  not  less  than  seven 
members  of  this  Senate  shall  make  a  quorum  for  doing  business ; 
and  when  less  than  eight  senators  shall  be  present,  the  assent  of  five 
at  least  shall  be  necessary  to  render  their  acts  and  proceedings  valid. 

The  Senate  shall  be  a  court,  with  full  power  and  authority  to 
hear,  try,  and  determine,  all  impeachments  made  by  the  House  of 
Representatives  against  any  officer  or  officers  of  the  State,  for  bribery, 
corruption,  malpractice,  or  maladministration  in  office  ;  with  full 
power  to  issue  summons,  or  compulsory  process,  for  convening  wit- 
nesses before  them,  with  all  necessary  powers  incident  to  a  court  of 
trials  ;  but,  previous  to  the  trial  of  any  such  impeachment,  the  mem- 
bers of  the  Senate  shall  be  respectively  sworn  truly  and  impartially 
to  try  and  determine  the  charge  and  question,  according  to  evidence. 
And  every  officer,  impeached  for  bribery,  corruption,  malpractice, 
or  maladministration  in  office,  shall  be  served  with  an  attested  copy 
of  the  impeachment  and  order  of  the  Senate  thereon,  with  such  cita- 
tion as  the  Senate  may  direct,  setting  forth  the  time  and  place  of 
their  sitting  to  try  the  impeachment ;  which  service  shall  be  made 
by  the  sheriff,  or  such  other  sworn  officer  as  the  Senate  may  appoint, 
at  least  fourteen  days  previous  to  the  time  of  trial ;  and  such  cita- 
tion being  duly  served  and  returned,  the  Senate  may  proceed  in 
hearing  of  the  impeachment,  giving  the  person  impeached,  if  he 
shall  appear,  full  liberty  .of  producing  witnesses  and  proofs,  and  of 
making  his  defense,  by  himself  and  counsel ;  and  may,  also,  upon 
his  refusing  or  neglecting  to  appear,  hear  the  proofs  in  support  of 
the  impeachment,  and  render  judgment  thereon,  his  non-appearance 
notwithstanding  ;  and  such  judgment  shall  have  the  same  force  and 
effect  as  if  the  person  impeached  had  appeared  and  pleaded  in  the 
trial.  Their  judgment,  however,  shall  not  extend  further  than  re- 
moval from  office,  disqualification  to  hold  or  enjoy  any  place  of 
honor,  trust,  or  profit  under  this  State  ;  but  the  party  so  convicted 
shall  nevertheless  be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment according  to  the  laws  of  the  land. 


NEW    HAMPSHIRE.  57 


Whenever  the  Governor  shall  be  impeached,  the  Chief  Justice 
of  the  Supreme  Judicial  Court  shall,  during  the  trial,  preside  in  the 
Senate,  hut  have  no  vote  therein. 

House  of  Representatives. 

There  shall  be,  in  the  Legislature  of  this  State,  a  representation 
of  the  people,  annually  elected,  and  founded  upon  principles  of 
equality  ;  and  in  order  that  such  representation  may  be  as  equal  as 
circumstances  will  admit,  every  town,  parish,  or  place,  entitled  to 
town  privileges,  having  one  hundred  and  fifty  ratable  male  polls,  of 
twenty-one  years  of  age,  and  upwards,  may  elect  one  representative  : 
if  four  hundred  and  fifty  ratable  male  polls,  may  elect  two  represen- 
tatives ;  and  so  proceeding,  in  that  proportion,  make  three  hundred 
such  ratable  polls  the  mean  of  increasing  number,  for  every  addi- 
tional representative. 

Such  towns,  parishes,  or  places,  as  have  less  than  one  hundred  and 
fifty  ratable  polls,  shall  be  classed  by  the  general  assembly,  for  the 
purpose  of  choosing  a  representative,  and  seasonably  notified  thereof 
And  in  every  class  formed  for  the  above-mentioned  purpose,  the 
first  annual  meeting  shall  be  held  in  the  town,  parish,  or  place 
wherein  most  of  the  ratable  polls  reside ;  and  afterwards  in  that 
which  has  the  next  highest  number ;  and  so  on,  annually,  by  rota- 
tion, through  the  several  towns,  parishes,  or  places  forming  the 
district. 

"Whenever  any  town,  parish,  or  place  entitled  to  town  privileges, 
as  aforesaid,  shall  not  have  one  hundred  and  fifty  ratable  polls,  and 
be  so  situated  as  to  render  the  classing  thereof  with  any  other  town, 
parish,  or  place  very  inconvenient ;  the  general  assembly  may,  upon 
application  of  a  majority  of  the  votes  of  such  town,  parish,  or  place, 
issue  a  writ  for  their  selecting  and  sending  a  representative  to  the 
General  Court. 

The  members  of  the  House  of  Representatives  shall  be  chosen 
annually,  in  the  month  of  March,  and  shall  be  the  second  branch  of 
the  Legislature. 

All  persons  qualified  to  vote  in  the  election  of  senators  shall  be 
entitled  to  vote,  within  the  district  where  they  dwell,  in  the  choice 
of  representatives.  Every  member  of  the  House  of  Representatives 
shall  be  chosen  by  ballot ;  and  for  two  years  at  least  next  preceding 
his  election,  shall  have  been  an  inhabitant  of  this  State ;  shall  have 
an  estate  within  the  district  which  he  may  be  chosen  to  represent, 
of  the  value  of  one  hundred  pounds,  one-half  of  which  to  be  a  free- 
hold, whereof  he  is  seized  in  his  own  right ;  shall  be,  at  the  time  of 
his  election,  an  inhabitant  of  the  district  he  may  be  chosen  to  repre- 
sent, and  shall  cease  to  represent  sach  district  immediately  on  his 
ceasing  to  be  qualified  as  aforesaid. 

The  members  of  both  houses  of  the  Legislature  shall  be  compen- 
sated for  their  services  out  of  the  treasury  of  the  State,  by  a  law 


58  CONSTITUTION    OF 


made  for  that  purpose  ;  such  members  attending  seasonably,  and 
not  departing  without  license.  All  intermediate  vacancies  in  the 
House  of  Eepresentatives,  may  be  filled  up  from  time  to  time,  in 
the  same  manner  as  annual  elections  are  made. 

The  House  of  Representatives  shall  be  the  grand  inquest  of  the 
State  ;  and  all  impeachments  made  by  them  shall  be  heard  and  tried 
by  the  Senate. 

All  money-bills  shall  originate  in  the  House  of  Representatives  ; 
but  the  Senate  may  propose  or  concur  with  amendments,  as  on  other 
bills. 

The  House  of  Representatives  shall  have  the  power  to  adjourn 
themselves,  but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  House  of  Representatives  shall 
be  a  quorum  for  doing  business ;  but  when  less  than  two-thirds  of 
the  House  of  Representatives  elected  shall  be  present,  the  assent  of 
two-thirds  of  those  members  shall  be  necessary  to  render  their  acts 
and  proceedings  valid. 

No  member  of  the  House  of  Representatives  or  Senate  shall  be 
arrested  or  held  to  bail,  on  mesne  process,  during  his  going  to,  re- 
turn from,  6r  attendance  upon  the  court. 

The  House  of  Representatives  shall  choose  their  own  Speaker, 
appoint  their  own  officers,  and  settle  the  rules  of  proceedings  in 
their  own  house  ;  and  shall  be  judge  of  the  return,  elections,  and 
qualifications  of  its  members,  as  pointed  out  in  this  Constitution. 
They  shall  have  authority  to  punish,  by  imprisonment,  every  person 
who  shall  be  guilty  of  disrespect  to  the  House  in  its  presence,  by 
any  disorderly  and  contemptuous  behaviour,  or  by  threatening  or 
ill  treating  any  of  its  members ;  or  by  obstructing  its  deliberations ; 
every  person  guilty  of  a  breach  of  its  privileges,  in  making  arrests 
for  debt,  or  by  assaulting  any  member  during  his  attendance  at 
any  session  ;  in  assaulting  or  disturbing  any  one  of  its  officers  in 
the  execution  of  any  order  or  procedure  of  the  House  :  in  assault- 
ing any  witness  or  other  person  ordered  to  attend  by,  and  during 
his  attendance  on,  the  House,  or  in  rescuing  any  person  arrested  by 
order  of  the  House,  knowing  them  to  be  such.  The  Senate,  Gov- 
ernor, and  Council  shall  have  the  same  powers  in  like  cases :  pro- 
vided that  no  imprisonment  by  either  for  any  offence  exceed  ten 
days. 

The  journal  of  the  proceedings,  and  all  the  public  acts  of  both 
houses  of  the  Legislature,  shall  be  printed  and  published  immedi- 
ately after  every  adjournment  or  prorogation  ;  and  upon  motion 
made  by  any  one  member,  the  yeas  and  nays  upon  any  question 
shall  be  entered  in  the  journals :  and  any  member  of  the  Senate  or 
House  of  Representatives  shall  have  a  right,  on  motion  made  at  the 
time  for  that  purpose,  to  have  his  protest  or  dissent,  with  the  rea- 
sons, against  any  vote,  resolve,  or  bill  passed,  entered  on  the  jour- 
nals. 


NEW    HAMPSHIRE.  59 


Executive  power. —  Governor, 

The  Governor  shall  be  chosen  annually,  in  the  month  of  March ; 
and  the  votes  for  Governor  shall  be  received,  counted,  certified,  and 
returned  in  the  same  manner  as  the  votes  for  senators ;  and  the 
Secretary  shall  lay  the  same  before  the  Senate  and  House  of  Repre- 
sentatives on  the  first  Wednesday  in  June,  to  be  by  them  examined  ; 
and  in  case  of  an  election  by  a  majority  of  votes  through  the  State, 
the  choice  shall  be  by  them  declared  and  published. 

And  the  qualifications  of  electors  of  the  Governor  shall  be  the 
same  as  those  for  senators  ;  and  if  no  person  shall  have  a  majority 
of  votes,  the  Senate  and  House  of  Representatives  shall,  by  joint 
ballot,  elect  one  of  the  two  persons  having  the  highest  number  of 
votes,  who  shall  be  declared  Governor. 

And  no  person  shall  be  eligible  to  this  ofiice  unless,  at  the  time 
of  his  election,  he  shall  have  been  an  inhabitant  of  this  State  for 
seven  years  next  preceding,  and  unless  he  shall  be  of  the  age  of 
thirty  years,  and  unless  he  shall,  at  the  same  time,  have  an  estate 
of  the  value  of  five  hundred  pounds,  one-half  of  which  shall  consist 
of  a  freehold,  in  his  own  right,  within  the  State. 

In  cases  of  disagreement  between  the  two  houses,  with  regard  to 
the  time  or  place  of  adjournment  or  prorogation,  the  Governor,  with 
advise  of  Council,  shall  have  a  right  to  adjourn  or  prorogue  the  Ge- 
neral Court,  not  exceeding  ninety  days  at  any  one  time,  as  he  may 
determine  the  public  good  may  require,  to  meet  at  the  place  where 
the  General  Court  shall  be  at  that  time  sitting  ;  and  he  shall  dis- 
solve the  same  seven  days  before  the  said  first  Wednesday  in  June. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the  place 
where  the  said  Court  at  any  time  is  to  convene,  or  any  other  cause 
whereby  danger  may  arise  to  the  health  or  lives  of  the  members 
from  their  attendance,  the  Governor  may  direct  the  session  to  be 
holden  at  some  other,  the  most  convenient  place  within  the  State. 

Every  bill  which  shall  have  passed  both  houses  of  the  General 
Court  shall,  before  it  become  a  law,  be  presented  to  the  Governor : 
if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  on  their  journal,  and  proceed  to 
reconsider  it ;  if,  after  such  reconsideration,  two-thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  such  objec- 
tions, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  house,  shall  become  a  law.  But 
in  all  such  cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  or  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor  within  five  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 


60  CONSTITUTION    OP 


Legislature  by  their  adjournment  prevent  its  return,  in  whicli  case 
it  shall  not  be  a  law. 

Every  resolve  shall  be  presented  to  the  Governor,  and  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or  being  disap- 
proved by  him,  shall  be  repassed  by  the  Senate  and  House  of  Repre- 
sentatives, according  to  the  rules  and  limitations  prescribed  in  the 
case  of  a  bill. 

All  judicial  officers,  the  Attorney-general,  solicitors,  all  sheriffs, 
coroners,  registers  of  probate,  and  all  officers  of  the  navy,  and  gene- 
ral and  field-officers  of  the  militia,  shall  be  nominated  and  appoint- 
ed by  the  Governor  and  Council ;  and  every  such  nomination 
shall  be  made  at  least  three  days  prior  to  such  appointment ;  and 
no  appointment  shall  take  place  unless  a  majority  of  the  Coun- 
cil agree  thereto.  The  Governor  and  Council  shall  have  a  negative 
on  each  other,  both  in  the  nominations  and  appointments.  Every 
nomination  and  appointment  shall  be  signed  by  the  Governor  and 
Council,  and  every  negative  shall  also  be  signed  by  the  Governor  or 
Council  who  made  the  same. 

The  captains  and  subalterns,  in  the  respective  regiments,  shall  be 
nominated  by  the  field-officers,  and,  if  approved  by  the  Governor, 
shall  be  appointed  by  him. 

Whenever  the  chair  of  the  Governor  shall  become  vacant,  by  rea- 
son of  his  death,  absence  from  the  State,  or  otherwise,  the  President 
of  the  Senate  shall,  during  such  vacancy,  have  and  exercise  all  the 
powers  and  authorities  which,  by  this  Constitution,  the  Governor  is 
vested  with,  when  personally  present ;  but  when  the  President  of 
the  Senate  shall  exercise  the  office  of  Governor,  he  shall  not  hold 
his  office  in  the  Senate. 

The  Governor,  with  the  advice  of  Council,  shall  have  full  power 
and  authority,  in  the  recess  of  the  General  Court,  to  prorogue  the 
same  from  time  to  time,  not  exceeding  ninety  days,  in  any  one  re- 
cess of  said  Court ;  and  during  the  session  of  said  Court,  to  adjourn 
or  prorogue  it  to  any  time  the  two  houses  may  desire,  and  to  call  it 
together  sooner  than  the  time  to  which  it  may  be  adjourned  or  pro- 
rogued, if  the  welfare  of  the  State  should  require  the  same. 

The  Governor  of  this  State  for  the  time  being,  shall  be  command- 
er-in-chief of  the  army  and  navy,  and  all  the  military  forces  of  this 
State,  by  sea  and  land ;  and  shall  have  full  power,  by  himself  or  by 
any  chief  commander,  or  other  officer  or  officer^,  from  time  to  time, 
to  train,  instruct,  exercise,  and  govern  the  militia  and  navy ;  and 
for  the  special  defense  and  safety  of  this  State,  to  assemble  in  mar- 
tial array,  and  put  in  warlike  posture,  the  inhabitants  thereof,  and 
to  lead  and  conduct  them,  and  with  them  encounter,  repulse,  repel, 
resist,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by  land,  with- 
in and  without  the  limits  t)f  this  State  ;  and  also  to  kill,  slay,  de- 
stroy if  necessary,  and  conquer  by  all  fitting  ways,  enterprise,  and 
means,  all  and  every  such  person  and  persons  as  shall  at  any  time 
hereafter  in  a  hostile  manner  attempt  or  enterprise  the  destruction, 


NEW    HAMPSHIRE.  61 


invasion,  detriment,  or  annoyance  of  this  State ;  and  to  nse  and 
exercise  over  the  army  and  navy,  and  over  the  militia  in  actual  ser- 
vice, the  law  martial,  in  time  of  war,  invasion,  and  also  in  rebellion, 
declared  by  the  Legislature  to  exist,  as  occasion  shall  necessarily 
require.  And  surprise,  by  all  ways  and  means  whatsoever,  all  and 
every  such  person  or  persons,  with  their  ships,  arms,  ammunition, 
and  other  goods,  as  shall  in  a  hostile  manner  invade,  or  attempt  the 
invading,  conquering,  or  annoying  this  State  :  And,  in  fine,  the 
Governor  is  Irereby  entrusted  with  all  other  powers  incident  to  the 
office  of  captain-general  and  commander-in-chief,  and  admiral,  to  be 
exercised  agreeably  to  the  rules  and  regulations  of  the  Constitution, 
and  the  laws  of  the  land :  Provided,  that  the  Governor  shall  not  at 
any  time  hereafter,  by  virtue  of  any  power  by  this  Constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  Legislature,  trans- 
port any  of  the  inhabitants  of  this  State,  or  oblige  them  to  march 
out  of  the  limits  of  the  same,  without  their  free  and  voluntary  con- 
sent,- or  the  consent  of  the  General  Court,  nor  grant  commissions 
for  exercising  the  law  martial  in  any  case,  without  the  advice  and 
consent  of  the  Council. 

The  power  of  pardoning  offences,  except  such  persons  as  may  be 
convicted  of  before  the  Senate,  by  impeachment  of  the  House,  shall 
be  in  the  Governor,  by  and  with'  the  advice  of  the  Council :  but  no 
charter  of  pardon  granted  by  the  Governor,  with  advice  of  Council, 
before  conviction,  shall  avail  the  party  pleading  the  same,  notwith- 
standing any  general  and  particular  expressions  contained  therein, 
descriptive  of  the  offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia  shall  be 
removed  from  his  office,  but  b}''  the  address  of  both  houses  to  the 
Goyernor,  or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of 
the  State  for  the  time  being. 

The  commanding  officers  of  the  regiments  shall  appoint  their  ad- 
jutants and  quartermasters ;  the  brigadiers,  their  brigade-major  ; 
the  major-generals,  their  aids  ;  the  captains  and  subalterns,  their 
non-coilimissioned  officers. 

The  Governor  and  Council  shall  appoint  all  officers  of  the  conti- 
nental army,  whom,  by  the  confederation  of  the  United  States,  it  is 
provided  that  this  State  shall  appoint ;  as  also  all  officers  of  forts 
and  garrisons. 

The  division  of  the  militia  into  brigades,  regiments,  and  compa- 
nies, made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be 
considered  as  the  proper  division  of  the  militia  of  this  State,  until 
the  same  shall  be  altered  by  some  future  law. 

No  moneys  shall  be  issued  out  of  the  treasury  of  this  State,  and 
disposed  of.  except  such  sums  as  may  be  appropriated  for  the  re- 
demption of  bills  of  credit,  or  treasurer's  notes,  or  for  the  payment 
of  interest  arising  thereon,  by  warrant  under  the  hand  of  the  Gov- 
ernor for  the  time  being,  by  and  with  the  advice  and  consent  of  the 
Council,  for  the  necessary  support  and  defense  of  this  State,  and 


62  CONSTITUTION    OP 


for  the  necessary  protection  and  preservation  of  the  inhabitants 
thereof,  agreeably  to  the  acts  and  resolves  of  the  General  Court. 

All  public  boards,  the  commissary-general,  all  superintending 
officers  of  public  magazines  and  stores  belonging  to  this  State, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same, 
shall,  once  in  every  three  months,  officially  and  without  requisition, 
and  at  other  times  when  required  by  the  Governor,  deliver  to  him 
an  account  of  all  goods,  stores,  provisions,  ammunition,  cannon,  with 
their  appendages,  and  small  arms,  with  their  accoutrements,  and  of 
all  other  public  property  under  their  care  respectively  ;  distinguish- 
ing the  quantity  and  kind  of  each,  as  particularly  as  may  be  :  to- 
gether with  the  condition  of  such  forts  and  garrisons  ;  and  the  com- 
manding officer  shall  exhibit  to  the  Governor,  when  required  by 
him,  true  and  exact  plans  of  such  forts,  and  of  the  land  and  sea,  or 
harbor  or  harbors  adjacent. 

The  Governor  and  Council  shall  be  compensated  for  their  servi- 
ces, from  time  to  time,  by  such  grants  as  the  General  Court  shall 
think  reasonable. 

Permanent  and  honorable  salaries  shall  be  established  by  law  for 
the  justices  of  the  Supreme  Court. 

Council. 

There  shall  be  annually  elected,  by  ballot,  five  counselors,  for  ad- 
vising the  Governor  in  the  executive  part  of  the  government.  The 
freeholders  and  other  inhabitants,  in  each  county,  qualified  to  vote 
for  senators,  shall,  some  time  in  the  month  of  March,  give  in  their 
votes  for  one  counselor ;  which  votes  shall  be  received,  sorted,  counted, 
certified,  and  returned  to  the  secretary's  office,  in  the  same  manner 
as  the  votes  for  senators,  to  be  by  the  Secretary  laid  before  the  Sen- 
ate and  House  of  Representatives  on  the  first  Wednesday  in  June. 

And  the  person  having  a  majority  of  votes  in  any  county  shall  be 
considered*  as  duly  elected  a  counselor  ;  but  if  no  person  sliall  have 
a  majority  of  votes  in  any  county,  the  Senate  and  House  of  Repre- 
sentatives shall  take  the  names  of  the  two  persons  who  have  the 
highest  number  of  votes  in  each  county  and  not  elected,  and  out  of 
those  two  shall  elect,  by  joint  ballot,  the  counselor  wanted  for  such 
county. 

Frovided,  nevertheless,  That  no  person  shall  be  capable  of  being 
elected  a  counselor  who  has  not  an  estate  of  the  value  of  five  hun- 
dred pounds  within  this  State,  three  hundred  pounds  of  which  (or 
more)  shall  be  a  freehold  in  his  own  right,  and  who  is  not  thirty 
years  of  age  ;  and  who  shall  not  have  been  an  inhabitant  of  this 
State  for  seven  years  immediately  preceding  his  election  ;  and  at  the 
time  of  his  election  an  inhabitant  of  the  county  in  which  he  is  elected. 

The  Secretary  shall,  annually,  seventeen  days  before  the  first 
Wednesday  in  tfune,  give  notice  of  the  choice  of  persons  elected. 

If  any  person  shall  be  elected  Governor,  or  member  of  either 
branch  of  the  Legislatue,  and  shall  not  accept  the  trust  ;  or  if  any 


NEW    HAMPSHIRE.  63 


person  elected  a  counselor  shall  refuse  to  accept  the  office ;  or  in 
case  of  the  death,  resignation,  or  removal  of  any  counselor  out  of 
the  State,  the  Governor  may  issue  a  precept  for  the  election  of  a 
new  counselor  in  that  county  where  such  vacancy  shall  happen  ;  and 
the  choice  shall  be  in  the  same  manner  as  before  directed  :  and  the 
Governor  shall  have  full  power  and  authority  to  convene  the  Council, 
from  time  to  time,  at  his  discretion  ;  and  with  them,  or  the  majority 
of  them,  may,  and  shall,  from  time  to  time,  hold  a  Council,  for  order- 
ing and  directing  the  affairs  of  the  State  according  to  the  laws  of 
the  land. 

The  members  of  Council  may  be  impeached  by  the  House,  and 
tried  by  the  Senate,  for  bribery,  corruption,  malpractice,  or  malad- 
ministration. 

The  resolutions  and  advice  of  the  Council  shall  be  recorded  by 
the  Secretary,  in  a  register,  and  signed  by  all  the  members  present 
agreeing  thereto  ;  and  tl^is  record  may  be  called  for  at  any  time  by 
either  House  of  the  Legislature  ;  and  any  member  of  the  Council 
may  enter  his  opinion  contrary  to  the  resolutions  6f  the  majority, 
with  the  reason  for  such  opinion. 

The  Legislature  may,  if  the  public  good  shall  hereafter  require  it, 
divide  the  State  into  five  districts  as  nearly  equal  as  may  be,  gov- 
erning themselves  by  the  number  of  ratable  polls,  and  proportion  of 
public  taxes :  each  district  to  elect  a  counselor ;  and  in  case  of  such 
division,  the  manner  of  the  choice  shall  be  conformable  to  the  pres- 
ent mode  of  election  in  counties. 

And  whereas  the  elections  appointed  to  be  made  by  this  Constitu- 
tion on  the  first  Wednesday  of  June  annually,  by  the  two  houses  of 
the  Legislature,  may  not  be  completed  on  that  day,  the  said  elec- 
tions may  be  adjourned  from  day  to  day,  until  the  same  may  be 
completed  ;  and  the  order  of  the  elections  shall  be  as  follows ;  the 
vacancies  in  the  Senate,  if  any,  shall  be  first  filled  up  ;  the  Governor 
shall  then  be  elected,  provided  there  shall  be  no  choice  of  him  by 
the  people ;  and  afterwards  the  two  houses  shall  proceed  to  fill  up 
the  vacancy,  if  any,  in  the  Council. 

Secretary^   Treasurer^   Commissary- General^  6fc. 

The  Secretary,  Treasurer,  and  Commissary-General  shall  be  chosen 
by  joint  ballot  of  the  senators  and  representatives  assembled  in  one 
room. 

The  records  of  the  State  shall  be  kept  in  the  office  of  the  Secre- 
tary, and  he  shall  attend  the  Governor  and  Council,  the  Senate  and 
representatives,  in  person,  or  by  deputy,  as  they  may  require. 

The  Secretary  of  State  shall,  at  all  times,  have  a  deputy,  to  be  by 
him  appointed ;  for  whose  conduct  in  office  he  shall  be  responsible. 
And  in  case  of  the  death,  removal,  or  inability  of  the  Secretary,  his 
deputy  shall  exercise  all  the  duties  of  the  office  of  Secretary  of  this 
State,  until  another  shall  be  appointed.  The  Secretary,  before  he 
enters  upon  the  business  of  his  office,  shall  give  bond,  with  sufficient 


64  CONSTITUTION    OF 


sureties,  in  a  reasonable  sum,  for  the  use  of  the  State,  for  the  punc- 
tual performance  of  his  trust. 

County  Treasurer^  <^c. 

The  county  treasurers,  and  registers  of  deeds,  shall  he  elected  by 
the  inhabitants  of  the  several  towns  in  the  several  counties  in  the 
State,  according  to  the  method  now  practised,  and  the  laws  of  the 
State. 

Provided^  nevertheless^  The  Legislature  shall  have  authority  to  alter 
the  manner  of  certifying  the  votes,  and  the  mode  of  electing  those 
officers  ;  but  not  so  as  to  deprive  the  people  of  the  right  they  now 
have  of  electing  them. 

And  the  Legislature,  on  the  application  of  the  major  part  of  the 
inhabitants  of  any  county,  shall  have  authority  to  divide  the  same 
into  two  districts  for  registering  deeds,  if  to  them  it  shall  appear 
necessary,  each  district  to  elect  a  register  of  deeds  ;  and  before  they 
enter  upon  the  business  of  their  office,  shall  be  respectively  sworn 
faithfully  to.  discharge  the  duties  thereof,  and  shall  severally  give 
bonds,  with  sufficient  sureties,  in  a  reasonable  sum,  for  the  use  of 
the  county,  for  the  punctual  performance  of  their  respective  trusts. 

Judiciary  Power. 

The  tenure  that  all  commissioned  officers  shall  have  by  law  in 
their  offices,  shall  be  expressed  in  their  respective  commissions — all 
judicial  officers,  duly  appointed,  commissioned,  and  sworn,  shall  hold 
their  offices  during  good  behaviour,  excepting  those  concerning 
whom  there  is  a  different  provision  made  in  this  Constitution  ;  Pro- 
vided.^ nevertheless .^  the  Governor,  with  consent  of  Council,  may  re- 
move them  upon  the  address  of  both  houses  of  the  Legislature. 

Each  branch  of  the  Legislature,  as  well  as  the  Governor  and 
Council,  shall  have  authority  to  require  the  opinions  of  the  justices 
of  the  Superior  Coilrt,  upon  important  questions  of  law,  and  upon 
solemn  occasions. 

In  order  that  the  people  may  not  suffer  from  the  long  continuance 
in  place  of  any  justice  of  the  peace,  who  shall  fail  in  discharging  the 
important  duties  of  his  office  with  ability  and  fidelity,  all  commis- 
sions of  justices  of  the  peace  shall  becoijie  void  at  the  expiration  of 
five  years  from  their  respective  dates  ;  and  upon  the  expiration  of 
any  commission,  the  same  may,  if  necessary,  be  renewed,  or  another 
person  appointed,  as  shall  most  conduce  to  the  well  being  of  the 
State. 

All  causes  of  marriage,  divorce,  and  alimony,  and  all  appeals  from 
the  respective  judges  of  probate,  shall  be  heard  and  tried -by  the 
Superior  Court  until  thp  Legislature  shall  by  law  make  other  pro- 
visions. 

The  General  Court  is  empowered  to  give  to  justices  of  the  peace 
jurisdiction  in  civil  causes,  when  the  damages  demanded  shall  not 


NEW    HAMPSHIRE.  65 


exceed  four  pounds^  and  the  title  of  real  estate  is  not  concerned  ;  but 
with  right  of  appeal  to  either  party  to  some  other  court,  so  that  a 
trial  by  jury  in  the  last  resort  may  be  had. 

No  person  shall  hold  the  office  of  a  judge  in  any  court,  or  judge 
of  probate,  or  sheriff  of  any  county,  after  he  has  attained  the  age  of 
seventy  years. 

No  judge  of  any  court,  or  justice  of  the  peace,  shall  act  as  an 
attorney,  or  be  of  counsel  to  any  party,  or  originate  any  civil  suit, 
in  matters  which  shall  come  or  be  brought  before  him  as  judge,  or 
justice  of  the  peace. 

All  matters  relating  to  the  probate  of  wills,  and  granting  letters 
of  administration,  shall  be  exercised  by  the  judges  of  probate,  in 
such  manner  as  the  Legislature  have  directed,  or  may  hereafter 
direct ;  and  the  judges  of  probate  shall  hold  their  courts  at  such 
l^lace  or  places,  on  such  fixed  days  as  the  conveniency  of  the  people 
may  require,  and  the  Legislature  from  time  to  time  appoint. 

No  judge  or  register  of  probate  shall  be  of  counsel,  act  as  advo- 
cate, or  receive  any  fees  as  advocate  or  counsel,  in  any  probate  busi- 
ness which  is  pending,  or  may  be  brought  into  any  court  of  probate 
in  the  county  of  which  he  is  judge  or  register. 

Clerks  of  Courts. 
The  judges  of  the  courts  (those  of  the  probate  excepted,)  shall 
appoint  their  respective  clerks,  to  hold  their  office  during  pleasure ; 
and  no  such  clerks  shall  act  as  an  attorney,  or  be  of  counsel,  in  any 
cause  in  the  court  of  which  he  is  clerk,  nor  shall  he  draw  any  writ 
originating  a  civil  action. 

Encouragement  of  Literature.,  <^c. 
Knowledge  and  learning,  generally  diffused  through  a  community, 
being  essential  to  the  preservation  of  a  free  government ;  and  sprejid- 
ing  the  opportunities  and  advantages  of  education  through  the  vari- 
ous parts  of  the  country,  being  highly  conducive  to  promote  this 
end  :  it  shall  be  the  duty  of  the  legislators  and  magistrates,  in  all 
future  periods  of  this  government,  to  cherish  the  interests  of  litera- 
ture and  the  sciences,  and  all  seminaries  and  public  schools,  to  en- 
courage private  and  public  institutions,  rewards,  and  immunities  for 
the  promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  man- 
ufactures, and  natural  history  of  the  country ;  to  countenance  and 
inculcate  the  principles  of  humanity  and  general  benevolence,  pub- 
lic and  private  charity,  industry  and  economy,  honesty  and  punctu- 
ality, sincerity,  sobriety,  and  all  social  affections  and  generous  sen- 
timents among  the  people. 

Oath  and  subscriptions ;  exclusion  from  offices ;  commissions ;  writs  ; 
confirmation  of  laios ;  habeas  corpus ;  the  enactirig  style ;  continu- 
ance of  officers ;  provision  for  a  future  revision  of  the  Constitution^  6fc. 
Any  person  chosen  Governor,  counselor,  senator,  or  representa- 


66  CONSTITUTION    OF 

tive,  military  or  civil  officer  (town  officers  excepted),  accepting  the 
trust,  shall,  before  he  proceeds  to  execute  the  duties  of  his  office, 
make  and  subscribe  the  following  declaration,  viz. : 

I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  faith  and  true  alle- 
giance to  the  State  of  New  Hampshire,  and  will  support  the  Con- 
stitution thereof.     So  help  me  God. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and  affirm,  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties 

incumbent  on  me  as . —  according  to  the  best  of  my 

abilities,  agreeably  to  the'  rules  and  regulations  of  this  Constitu- 
tion, and  the  laws  of  the  State  of  New  Hampshire.  So  help  me 
God. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance, 
and  the  same  being  filed  in  the  Secretary's  office,  he  shall  not  be 
obliged  to  take  said  oath  again. 

Provided  always..  When  any  person  chosen  or  appointed  as  afore- 
said, shall  be  of  the  denomination  called  Quakers,  or  shall  be  scru- 
pulous of  swearing,  and  shall  decline  taking  the  said  oaths,  such 
shall  take  and  subscribe  them,  omitting  the  word  swear.,  and  like- 
wise the  words  so  help  me  God.,  subjoining,  instead  thereof,  this  I  do 
under  the  pains  and  penalties  of  ferjury. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by 
the  Governor,  before  the  President  of  the  Senate,  in  presence  of 
both  houses  of  the  Legislature,  and  by  the  senators  and  representa- 
tives first  elected  under  this  Constitution,  as  altered  and  amended, 
before  the  President  of  the  State,  and  a  majority  of  the  Council 
then  in  office,  and  forever  afterwards  before  the  Governor  and 
Council  for  the  time  being ;  and  by  all  other  officers,  before  such 
persons,  and  in  such  manner  as  the  Legislature  shall  from  time  to 
time  appoint. 

All  commissions  shall  be  in  the  name  of  the  State  of  New  Hamp- 
shire, signed  by  the  Governor,  and  attested  by  the  Secretary  or  his 
deputy,  and  shall  have  the  great  seal  of  the  State  affixed  thereto. 

All  writs  issuing  out  of  the  clerk's  office  in  any  of  the  courts  of 
law,  shall  be  in  the  name  of  the  State  of  New  Hampshire  ;  shall  be 
under  the  seal  of  the  court  whence  they  issue,  and  bear  test  of  the 
chief,  first,  or  senior  justice  of  the  court ;  but  when  such  justice 
shall  be  interested,  then  the  writ  shall  bear  test  of  some  other  jus- 
tice of  the  court,  to  which  the  same  shall  be  returnable ;  and  shall 
be  signed  by  the  clerk  of  such  court. 

All  indictments,  presentments,  and  informations  shall  conclude 
against  the  peace  and  dignity  of  the  State. 

The  estate  of  such  persons  as  may  destroy  their  own  lives  shall 
not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the  same 
manner  as  if  such  persons  had  died  in  a  natural  way.     Nor  shall 


NEW    HAMPSHIRE.  67 


any  article  which  shall  accidentally  occasion  the  death  of  any  per- 
son, be  henceforth  deemed  a  deodand,  or  in  any  wise  forfeited  on 
account  of  such  misfortune. 

All  the  laws  which  have  heretofore  been  adopted,  used,  and  ap- 
proved in  the  Province,  Colony,  or  State  of  New  Hampshire,  and 
usually  practised  on  in  courts  of  law,  shall  remain  and  be  in  full 
force  until  altered  and  repealed  by  the  Legislature:  such  parts 
thereof  only  excepted  as  are  repugnant  to  the  rights  and  liberties 
contained  in  this  Constitution :  Provided,  that  nothing  herein  con- 
tained, when  compared  with  the  twenty-third  article  in  the  bill  of 
rights,  shall  be  construed  to  affect  the  laws  already  made  respecting 
the  persons  or  estates  of  absentees. 

The  privilege  and  benefit  of  the  habeas  corpus  shall  be  enjoyed 
in  this  State,  in  the  most  free,  easy,  cheap,  expeditious,  and  ample 
manner,  and  shall  not  be  suspended  by  the  Legislature,  except  upon 
the  most  urgent  and  pressing  occasions,  and  for  a  time  not  exceed- 
ing three  months. 

The  enacting  style,  in  making  and  passing  acts,  statutes,  and  laws, 
shall  be — Be  it  enacted  by  the  Senate  and  House  of  Representatives^  in 
General  Court  convened. 

No  governor,  or  judge  of  the  Supreme  Judicial  Court,  shall  hold 
any  office  or  place  under  the  authority  of  this  State,  except  such  as 
by  this  Constitution  they  are  admitted  to  hold,  saving  that  the 
judges  of  the  said  Court  may  hold  the  offices  of  justice  of  the  peace 
throughout  the  State ;  nor  shall  they  hold  any  place  or  office,  or  re- 
ceive any  pension  or  salary,  from  any  other  State,  government,  or 
power  whatever. 

No  person  shall  be  capable  of  exercising,  at  the  same  time,  more 
than  one  of  the  following  offices  within  this  State,  viz.,  judge  of  pro- 
bate, sheriff,  register  of  deeds  ;  and  never  more  than  two  offices  of 
profit,  which  may  be  held  by  appointment  of  the  Grovernor,  or  Gov- 
ernor and  Council,  or  Senate  and  House  of  Representatives,  or  supe- 
rior and  inferior  courts,  military  offices  and  offices  of  justices  of  the 
peace  excepted. 

No  person  holding  the  office  of  judge  of  any  court  (except  special 
judges),  Secretary,  Treasurer  of  the  State,  Attorney-General,  Com- 
missary-General, military  officers  receiving  pay  from  the  continent 
or  this  State  (excepting  officers  of  the  militia  occasionally  called 
forth  on  an  emergency),  register  of  deeds,  sheriff,  or  officers  of  the 
customs,  including  naval  officers,  collectors  of  excise,  and  State  and 
continental  taxes,  hereafter  appointed,  and  not  having  settled  their 
accounts  with  the  respective  officers  with  whom  it  is  their  duty  to 
settle  such  accounts,  members  of  Congress,  or  any  person  holding 
any  office  under  the  United  States,  shall,  at  the  same  time,  hold  the 
office  of  Governor,  or  have  a  seat  in  the  Senate,  or  House  of  Repre- 
sentatives, or  Council ;  but  his  being  chosen,  or  appointed  to,  and 
accepting  the  same,  shall  operate  as  a  resignation  of  his  seat  in  the 
chair,  Senate,  or  House  of  Representatives,  or  Council ;  and  the 
6 


68  CONSTITUTION    OP    NEW    HAMPSHIRE. 

places  so  vacated  shall  be  filled  up.  No  member  of  tlie  Council 
shall  have  a  seat  in  the  Senate  or  House  of  Representatives. 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  Legislature, 
or  any  office  of  trust  or  importance  under  this  government,  who,  in 
the  due  course  of  law,  has  been  convicted  of  bribery  or  corruption 
in  obtaining  an  election  or  appointment. 

In  all  cases  where  sums  of  money  are  mentioned  in  this  Consti- 
tution, the  value  thereof  shall  be  computed  in  silver,  at  six  shillings 
and  eight  pe?ice  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  danger  to 
the  State,  by  the  alterations  and  amendments  made  in  the  Constitu- 
tion, the  General  Court  is  hereby  fully  authorized  and  directed  to 
fix  the  time  when  the  alterations  and  amendments  shall  take  effect, 
and  make  the  necessary  arrangements  accordingly. 

It  shall  be  the  duty  of  the  selectmen  and  assessors  of  the  several 
towns  and  places  in  this  State,  in  warning  the  first  annual  meeting 
for  the  choice  of  senators,  after  the  expiration  of  seven  years  from 
the  adoption  of  this  Constitution,  as  amended,  to  assert  expressly  in 
the  warrant,  this  purpose,  among  the  others  for  the  meeting,  to  wit : 
to  take  the  sense  of  the  qualified  voters  on  the  subject  of  a  revision 
of  the  Constitution ;  and  the  meeting  being  warned  accordingly,  and 
not  otherwise,  the  moderator  shall  take  the  sense  of  the  qualified 
voters  present,  as  to  the  necessity  of  a  revision ;  and  a  return  of  the 
number  of  votes  for  and  against  such  necessity,  shall  be  made  by  the 
clerk,  sealed  up,  and  directed  to  the  General  Court,  at  their  next 
session  ;  and  if  it  shall  appear  to  .the  General  Court,  by  such  return, 
that  the  sense  of  the  people  of  the  State  has  been  taken,  and  that, 
in  the  opinion  of  the  majority  of  the  qualified  voters  in  this  State, 
present  and  voting  at  said  meetings,  there  is  a  necessity  for  a  revi- 
sion of  the  Constitution,  it  shall  be  the  duty  of  the  General  Court 
to  call  a  convention  for  that  purpose ;  otherwise  the  General  Court 
shajl  direct  the  sense  of  the  people  to  be  taken,  and  then  proceed  in 
the  manner  before  mentioned.  The  delegates  to  be  chosen  in  the 
same  manner,  and  proportioned  as  the  representatives  to  the  Gene- 
ral Court ;  provided  that  no  alteration  shall  be  made  in  this  Con- 
stitution, before  the  same  shall  be  laid  before  the  towns  and  unin- 
corporated places,  and  approved  by  two-thirds  of  the  qualified  voters 
present  and  voting  on  the  subject. 

And  the  same  method  of  taking  the  sense  of  the  people  as  to  a 
revision  of  the  Constitution,  and  calling  a  Convention  for  that  pur- 
pose, shall  be  observed  afterwards,  at  the  expiration  of  every  seven 
years. 

This  form  of  government  shall  be  enrolled  on  parchment,  and  de- 
posited in  the  Secretary's  office,  and  be  a  part  of  the  laws  of  the 
land  ;  and  printed  copies  thereof  shall  be  prefixed  to  the  books  con- 
taining the  laws  of  this  State  in  all  future  editions  thereof. 


VERMONT. 


Th.e  first  settlement  in  this  State  was  at  Fort  Dummer,  in  the  S.  E.  part  ol 
the  State,  from  Mass.  New  York  and  New  Hampshire  respectively  laid  claim 
to  the  territory  till  1764,  when  N,  Y.  obtained  a  grant  from  the  British  Parlia- 
ment, which  put  an  end  to  the  claim  of  N.  H.  N.  Y.  thereupon  attempted  to 
enforce  her  jurisdiction,  which  was  resisted  by  the  inhabitants.  They  claimed 
to  be  independent  both  of  N.  H.  and  N.  Y,,  and  organized  themselves  in  armed 
bands,  with  Ethan  Allen  at  their  head,  under  the  celebrated  name  of  the 
Green  Mountain  Boys.  The  contest  continued  and  increased  till  the  break- 
ing out  of  the  Revolutionary  War.  Owing  to  this  claim  of  N.  Y.,  Congress 
refused  to  admit  Vermont  into  the  confederation.  Vermont,  in  1790,  paid  to 
N.  Y.  S30,000  to  withdraw  her  claim,  and  in  1791  was  admitted  to  the  union. 

Notwithstanding  this  fourteenth  State  was  not  admitted  into  the  union 
until  after  the  Revolutionary  contest  was  over,  yet  she  bore  an  important  part 
in  that  transaction,  and  her  hardy  sons  gave  ample  proof  of  their  bravery.  A 
range  of  mountains,  covered  with  evergreens,  nearly  divides  this  State  in  its 
centre  from  north  to  south.  Hence  its  name,  and  hence  the  appellation  Green 
Mountain  Boys.  The  first  Constitution  of  this  State  was  formed  in  1777 ;  the 
present  one  was  adopted  July  3,  1793.  Area,  9,700  sq.  m.  Population,  in 
1850,  313,611. 

CONSTITUTION. 

CHAPTER  I 

A  Declaration  of  Rights  of  the  Inhabitants  of  the  State  of  Vermont. 
Art.  1.  That  all  men  are  born  equally  free  and  independent,  and 
have  certain  natural,  inherent,  and  inalienable  rights,  amongst  which 


70  •  CONSTITUTION    OF 


are  the  enjoying  and  defending  life  and  liberty,  acquiring,  possess- 
ing, and  protecting  property,  and  pursuing  and  obtaining  happiness 
and  safety  :  therefore,  no  male  person,  born  in  this  country,  or 
brought  from  over  sea,  ought  to  be  holden  by  law  to  serve  any  per- 
son as  a  servant,  slave,  or  apprentice,  after  he  arrives  at  the  age  of 
twenty-one  years,  nor  female,  in  like  manner,  after  she  arrives  to 
the  age  of  eighteen  years,  unless  they  are  bound  by  their  own  con- 
sent, after  they  arrive  to  such  age,  or  bound  by  the  law  for  the  pay- 
ment of  debts,  damages,  fines,  costs,  or  the  like. 

2.  That  private  property  ought  to  be  subservient  to  public  uses 
when  necessity  requires  it ;  nevertheless,  when  any  person's  prop- 
erty is  taken  for  the  use  of  the  public,  the  owner  ought  to  receive  an 
equivalent  in  money. 

3.  That  all  men  have  a  natural  and  inalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences 
and  understandings,  as  in  their  opinion  shall  be  regulated  by  the 
word  of  God  :  and  that  no  man  ought  to,  or  of  right  can,  be  com- 
pelled to  attend  any  religious  worship,  or  erect  or  support  any  place 
of  worship,  or  maintain  any  minister,  contrary  to  the  dictates  of  his 
conscience  ;  nor  can  any  man  be  justly  deprived  or  abridged  of  any 
civil  right  as  a  citizen,  on  account  of  his  religious  sentiments  or  pe- 
culiar mode  of  religious  worship ;  and  that  no  authority  can  or 
ought  to  be  vested  in  or  assumed  by  any  power  whatever,  that  shall 
in  any  case  interfere  with,  or  in  any  manner  control,  the  rights  of 
conscience  in  the  free  exercise  of  religious  worship.  Nevertheless, 
every  sect  or  denomination  of  Christians  ought  to  observe  the  Sab- 
bath, or  Lord's  day,  and  keep  up  some  sort  of  religious  worship, 
which  to  them  shall  seem  most  agreeable  to  the  revealed  will  of 
God. 

4.  Every  person  within  this  State  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he 
may  receive  in  his  person,  property,  or  character ;  he  ought  to  ob- 
tain right  and  justice  freely,  and  without  being  obliged  to  purchase 
it ;  completely,  and  without  any  denial ;  promptly,  and  without  de- 
lay ;  conformably  to  the  law. 

5.  That  the  people  of  this  State,  by  their  legal  representatives, 
have  the  sole,  inherent,  and  exclusive  right  of  governing  and  regu- 
lating the  internal  police  of  the  same. 

6.  That  all  power  being  originally  inherent  in,  and  consequently 
derived  from  the  people,  therefore,  all  officers  of  government,  wheth- 
er legislative  or  executive,  are  their  trustees  and  servants,  and  at 
all  times,  in  a  legal  way,  accountable  to  them. 

7.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection,  and  security  of  the  people,  nation,  or  community, 
and  not  for  the  particular  emolument  or  advantage  of  any  single 
man,  family,  or  set  of  men,  who  are  a  part  only  of  that  community ; 
and  that  the  community  hath  an  indubitable,  inalienable,  and  inde- 
feasible right   to   reform  or   alter  government,  in  such  manner  as 


VERMONT.  71 


shall  be,  by  that  community,  judged  most  conducive  to  the  public 
weal. 

8.  That  all  elections  ought  to  be  free  and  without  corruption,  and 
that  all  freemen,  having  a  sufficient  evidence,  common  interest  with, 
and  attachment  to  the  community,  have  a  right  to  elect  officers,  and 
be  elected  into  office,  agreeably  to  the  regulations  made  in  this  Con- 
stitution. 

9.  That  every  member  of  society  hath  a  right  to  be  protected  in 
the  enjoyment  of  life,  liberty,  and  property,  and  therefore  is  bound 
to  contribute  his  proportion  towards  the  expense  of  that  protection, 
and  yield  his  personal  service,  when  necessary,  or  an  equivalent 
thereto  ;  but  no  part  of  any  person's  property  can  be  justly  taken 
from  him,  or  applied  to  public  uses,  without  his  consent,  or  that  of 
the  representative  body  of  freemen ;  nor  can  any  man,  who  is  con- 
scientiously scrupulous  of  bearing  arms,  be  justly  compelled  thereto, 
if  he  will  pay  such  equivalent ;  nor  are  the  people  bound  by  auy  law 
but  such  as  they  have  in  like  manner  assented  to,  for  their  common 
good ;  and  previous  to  any  law  being  made  to  raise  a  tax,  the  pur- 
pose for  which  it  is  to  be  raised  ought  to  appear  evident  to  the  Legis- 
lature to  be  of  more  service  to  the  community  than  the  money  would 
be  if  not  collected. 

10.  That,  in  all  prosecutions  for  criminal  offences,  a  person  hath 
a  right  to  be  heard  by  himself  and  his  counsel ;  to  demand  the 
cause  and  nature  of  his  accusation  ;  to  be  confronted  with  the  wit- 
nesses ;  to  call  for  evidence  in  his  favor,  and  a  speedy  public  trial, 
by  an  impartial  jury  of  his  country;  without  the  unanimous  con- 
sent of  which  jury,  he  cannot  be  found  guilty  ;  nor  can  he  be  com- 
pelled to  give  evidence  against  himself;  nor  can  any  persoi 
deprived  of  his  liberty,  except  by  the  laws  of  the  land,  or 
ment  of  his  peers. 

11.  That  the  people  have  a  right  to  hold  themselves,  their  houses, 
papers,  and  possessions,  free  from  search  or  seizure  ;  and,  therefore, 
warrants  without  oath  or  affirmation  first  made,  affording  sufficient 
foundation  for  them,  and  whereby  an  officer  or  messenger  may  be 
commanded  or  required  to  search  such  suspected  places  ;  or  to  seize 
any  person  or  persons,  his,  her,  or  their  property,  not  particularly 
described,  are  contrary  to  that  right,  and  ought  not  to  be  granted. 

12.  That  when  an  issue  in  fact,  proper  for  the  cognizance  of  a 
jury,  is  joined  in  a  court  of  law,  the  parties  have  a  right  to  trial  by 
jury,  which  ought  to  be  held  sacred. 

13.  That  the  people  have  a  right  to  a  freedom  of  speech,  and  of 
writing  and  publishing  their  sentiments  concerning  the  transactions 
of  government,  and  therefore  the  freedom  of  the  press  ought  not  to 
be  restrained. 

14.  The  freedom  of  deliberation,  speech,  and  debate,  in  the 
Legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  cannot 
be  the  foundation  of  any  accusation,  or  prosecution,  action,  or  com- 
plaint, in  any  other  court  or  place  whatsoever. 


he  be  com-  * 
>n  be  justly  N 
)r  thejudg-  j 


72  CONSTITUTION    OF 


15.  The  power  of  suspending  laws,  or  the  execution  of  laws, 
ought  never  to  be  exercised  but  by  the  Legislature,  or  by  authority 
derived  from  it,  to  be  exercised  in  such  particular  cases  as  this  Con- 
stitution, or  the  Legislature  shall  provide  for. 

16.  That  the  people  have  a  right  to  bear  arms  for  the  defence  of 
themselves  and  the  State  ;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  liberty,  they  ought  not  to  be  kept  up  ;  and  that  the 
military  should  be  kept  under  strict  subordination  to,  and  governed 
by,  the  civil  power. 

17.  That  no  person  in  this  State  can,  in  any  case,  be  subjected  to 
law  martial,  or  to  any  penalties  or  pains  by  virtue  of  that  law,  ex- 
cept those  employed  in  the  army,  and  the  militia  in  actual  service. 

18.  The  frequent  recurrence  to  fundamental  principles,  and  firm 
adherence  to  justice,  moderation,  temperance,  industry,  and  frugality, 
are  absolutely  necessary  to  preserve  the  blessings  of  liberty,  and 
keep  government  free  ;  the  people  ought,  therefore,  to  pay  particular 
attention"  to  these  points,  in  the  choice  of  officers  and  representa- 
tives, and  have  a  right,  in  a  legal  way,  to  exact  a  due  and  constant 
regard  to  them,  from  their  legislators  and  magistrates,  in  making 
and  executing  such  laws  as  are  necessary  for  the  good  government 
of  the  State. 

19.  That  all  people  have  a  natural  and  inherent  right  to  emigrate 
from  one  State  to  another  that  will  receive  them. 

20.  That  the  people  have  a  right  to  assemble  together  to  consult 
for  their  common  good ;  to  instruct  their  representatives  ;  and  apply 
to  the  Legislature  for  redress  of  grievances  by  address,  petition,  or 
remonstrance. 

21.  That  no  person  shall  be  liable  to  be  transported  out  of  this 
State  for  trial  of  any  offence  committed  within  the  same 

CHAPTER  IL 

Plan  or  Form  of  Government. 

Sec.  1.  The  Commonwealth  or  State  of  Vermont  shall  be  gov- 
erned hereafter  by  a  Governor  or  Lieutenant-Governor,  Council,  and 
an  assembly  of  representatives  of  the  freemen  of  the  same,  in 
manner  and  form  following  : 

2.  The  supreme  legislative  power  shall'  be  vested  in  a  House 
of  Eepresentatives  of  the  freemen  of  the  Commonwealth  or  State  of 
Vermont. 

3.  The  supreme  executive  power  shall  be  vested  in  a  Governor, 
or,  in  his  absence,  a  Lieutenant-Governor,  and  Council. 

4.  Courts  of  justice  shall  be  maintained  in  every  county  in 
this  State,  and  also  in  new  counties,  when  formed  ;  which  courts 
shall  be  open  for  the  trial  of  all  causes  proper  for  their  cognizance  ; 
and  justice  shall  be  therein  impartially  administered,  without  cor- 
ruption or  unnecessary  delay.  The  judges  of  the  Supreme  Court 
shall  be  justices  of  the  peace  throughout  the  State  ;  and  the  several 


VERMONT.  73 


judges  of  the  county  courts,  in  their  respective  counties,  by  virtue 
of  their  office,  except  in  the  trial  of  such  causes  as  may  be  appealed 
to  the  county  court. 

5.  A  future  Legislature  may,  when  they  shall  conceive  the  same 
te  be  expedient  and  necessary,  erect  a  Court  of  Chancery,  with  such 
powers  as  are  usually  exercised  by  that  Court,  or  as  shall  appear 
for  the  interest  of  the  commonwealth :  Provided  they  do  not  con- 
stitute themselves  the  judges  of  the  said  Court. 

6.  The  legislative,  executive,  and  judiciary  departments  shall  be 
separate  and  distinct,  so  that  neither  exercise  the  powers  properly 
belonging  to  the  other. 

7.  In  order  that  the  freemen  of  this  State  may  enjoy  the  benefit 
of  election  as  equally  as  may  be,  each  town  within  this  State  that 
consists  or  may  consist  of  eighty  taxable  inhabitants  within  one 
septenary,  or  seven  years  next  after  the  establishing  this  Constitu- 
tion, may  hold  elections  therein,  and  choose  each  two  representa- 
tives ;  and  each  other  inhabited  town  in  this  State  may,  in  like 
manner,  choose  each  one  representative  to  represent  them  in  General 
Assembly,  during  the  said  septenary,  or  seven  years ;  and  after  that, 
each/  inhabited  town  may,  in  like  manner,  hold  such  election,  and 
choose  each  one  representative,  forever  thereafter. 

8.  The  House  of  Bepresentatives  of  the  freemen  of  this  State 
shall  consist  of  persons  most  noted  for  wisdom  and  virtue,  to  be 
chosen  by  ballot,  by  the  freemen  of  every  town  in  this  State,  re- 
spectively, on  the  first  Tuesday  in  September  annually  forever. 

9.  The  representatives  so  chosen,  a  majority  of  whom  shall  con- 
stitute a  quorum  for  transacting  any  other  business  than  raising  a 
State  tax,  for  which  two-thirds  of  the  members  elected  shall  be  pre- 
sent, shall  meet  on  the  second  Thursday  of  the  succeeding  October, 
and  shall  be  styled  The  General  Assembly  of  the  State  of  Vermont : 
they  shall  have  power  to  choose  their  Speaker,  Secretary  of  State, 
their  clerk,  and  other  necessary  officers  of  the  House — sit  on  their 
own  adjournments — prepare  bills,  and  enact  them  into  laws — ^judge 
of  the  elections  and  qualifications  of  their  own  members  :  they  may 
expel  members,  but  not  for  causes  known  to  their  own  constituents 
antecedent  to  their  own  elections :  they  may  administer  oaths  and 
affirmations  in  matters  depending  before  them,  redress  grievances, 
impeach  State  criminals,  grant  charters  of  incorporation,  constitute 
towns,  boroughs,  cities,  and  counties :  they  may,  annually,  on  their 
first  session  after  their  election,  in  conjunction  with  the  Council,  or 
oftener  if  need  be,  elect  judges  of  the  Supreme  and  several  county 
and  probate  courts,  sherifi's,  and  justices  of  the  peace  ;  and  also  with 
the  Council  may  elect  major-generals  and  brigadier-generals,  from 
time  to  time,  as  often  as  there  shall  be  occasion  ;  and  they  shall 
have  all  other  powers  necessary  for  the  Legislature  of  a  free  and 
sovereign  State :  but  they  shall  have  no  power  to  add  to,  alter, 
abolish,  or  infringe  any  part  of  this  Constitution. 

10.  The  Supreme  Executive  Council  of  this  State  shall  consist 


74  CONSTITUTION    OF 


of  a  Governor,  Lieutenant-Grovernor,  and  twelve  persons,  chosen  in 
the  following  manner,  viz. :  The  freemen  of  each  town  shall,  on  the 
day  of  the  election  for  choosing  representatives  to  attend  the  Gren- 
eral  Assembly,  bring  in  their  votes  for  Governor,  with  his  •  name 
fairly  written,  to  the  constable,  who  shall  seal  them  up,  and  write 
on  them,  votes  for  the  Governor^  and  deliver  them  to  the  representa- 
tives chosen  to  attend  the  General  Assembly ;  and  at  the  opening 
of  the  General  Assembly,  there  shall  be  a  committee  appointed  out 
of  the  Council  and  Assembly,  who,  after  being  duly  sworn  to  the 
faithful  discharge  of  their  trust,  shall  proceed  to  receive,  sort,  and 
count  the  votes  for  the  Governor,  and  declare  the  person  who  has 
the  major  part  of  the  votes,  to  be  Governor  for  the  year  ensuing. 
And  if  there  be  no  choice  made,  then  the  Council  and  General  As- 
sembly, by  their  joint  ballot,  shall  make  choice  of  a  Governor. 
The  Lieutenant-Governor  and  Treasurer  shall  be  chosen  in  the 
manner  above  directed.  And  each  freeman  shall  give  in  twelve 
votes,  for  twelve  counselors,  in  the  same  manner,  and  the  twelve 
highest  in  nomination  shall  serve  for  the  ensuing  year  as  counselors. 

11.  The  Governor,  and,  in  his  absence,  the  Lieutenant-Governor, 
with  the  Council,  a  major  part  of  whom,  including  the  Governor,  or 
Lieutenant-Governor,  shall  be  a  quorum  to  transact  business,  shall 
have  power  to  commission  all  ofl&cers,  and  also  to  appoint  officers, 
except  where  provision  is,  or  shall  be  otherwise  made  by  law,  or  this 
frame  of  government ;  and  shall  supply  every  vacancy  in  any  office, 
occasioned  by  death,  or  otherwise,  until  the  office  can  be  filled  in  the 
manner  directed  by  law  or  this  Constitution. 

They  are  to  correspond  with  other  states,  transact  business  with 
officers  of  government,  civil  and  military,  and  to  prepare  such  busi- 
ness as  may  appear  to  them  necessary  to  lay  before  the  General 
Assembly.  They  shall  sit  as  judges  to  hear  and  determine  on  im- 
peachments, taking  to  their  assistance,  fot'  advice  only,  the  judges 
of  the  Supreme  Court,  and  shall  have  power  to  grant  pardons,  and 
remit  fines,  in  all  cases  whatsoever,  except  in  treason  and  murder ; 
in  which  they  shall  have  power  to  grant  reprieves,  but  not  to  par- 
don, until  after  the  end  of  the  next  session  of  the  Assembly ;  and 
except  in  cases  of  impeachment,  in  which  there  shall  be  no  remission 
or  mitigation  of  punishment,  but  by  act  of  legislation. 

They  are  also  to  take  care  that  the  laws  be  faithfully  executed. 
They  are  to  expedite  the  execution  of  such  measures  as  may  be  re- 
solved upon  by  the  General  Assembly ;  and  they  may  draw  upon 
the  treasury  for  such  sums  as  may  be  appropriated  by  the  House  of 
Representatives.  They  may  also  lay  embargoes,  or  prohibit  the 
exportation  of  any  commodity,  for  any  time  not  exceeding  thirty 
days,  in  the  recess  of  the  House  only.  They  may  grant  such  licenses 
as  shall  be  directed  by  law ;  and  shall  have  power  to  call  together 
the  General  Assembly,  when  necessary,  before  the  day  to  which  they 
shall  stand  adjourned.  The  Governor  shall  be  captain-general  and 
commander-in-chief  of  the  forces  of  the  State,  but  shall  not  command 


VERMONT.  75 


in  person,  except  advised  thereto  by  the  Council,  and  then  only  so 
long  as  they  shall  approve  thereof.  And  the  Lieutenant-Grovernor 
shall,  by  virtue  of  his  office,  be  Lieutenant-General  of  all  the  forces 
of  the  State.  The  Governor,  Or  Lieutenant-Governor,  and.  the 
Council,  shall  meet  at  the  time  and  place  with  the  General  Assem- 
bly :  the  Lieutenant-Governor  shall,  during  the  presence  of  the  Com- 
mander-in-Chief, vote  and  act  as  one  of  the  Council :  and  the  Gov- 
ernor, and,  in  his  absence,  the  Lieutenant-Governor,  shall,  by  virtue 
of  their  offices,  preside  in  Council,  and  have  a  casting,  but  no  other 
vote.  Every  member  of  the  Council  shall  be  a  justice  of  the  peace, 
for  the  whole  State,  by  virtue  of  his  office.  The  Governor  and 
Council  shall  have  a  Secretary,  and  keep  fair  books  of  their  proceed- 
ings, wherein  any  counselor  may  enter  his  dissent,  with  his  reason 
to  support  it ;  and  the  Governor  may  appoint  a  Secretary  for  him- 
self and  his  Council. 

12.  The  representatives,  having  met  and  chosen  their  Speaker 
and  Clerk,  shall,  each  of  them,  before  they  proceed  to  business,  take 
and  subscribe,  as  well  the  oath  or  affirmation  of  allegiance  hereinaf- 
ter directed,  except  where  they  shall  produce  certificates  of  their 
having  heretofore  taken  and  subscribed  the  same,  as  the  following 
oath  or  affirmation,  viz. 

"  You, ,  do  solemnly  swear  (or  affirm)  that,  as  a  member 

of  this  Assembly,  you  will  not  propose  or  assent  to  any  bill,  vote,  or 
resolution,  which  shall  appear  to  you  injurious  to  the  people,  nor  do 
or  consent  to  any  act  or  thing  whatsoever  that  shall  have  a  ten- 
dency to  lessen  or  abridge  their  rights  and  privileges,  as  declared  by 
the  Constitution  of  this  State ;  but  will,  in  all  things,  conduct  your- 
self as  a  faithful,  honest  representative,  and  guardian  of  the  people, 
according  to  the  best  of  your  judgment  and  abilities  :  {in  case  of  an 
oath)  so  help  you  God.  {And  in  case  of  an  affi/rmalion)  under  the 
pains  and  penalties  of  perjury." 

13.  The  doors  of  the  house  in  which  the  General  Assembly  of 
this  commonwealth  shall  sit,  shall  be  open  for  the  admission  of  all 
persons  who  behave  decently,  except  only  when  the  welfare  of  the 
State  may  require  them  to  be  shut. 

14.  The  votes  and  proceedings  of  the  General  Assembly  shall  be 
printed,  when  one-third  of  the  members  think  it  necessary,  as  soon 
as  convenient  after  the  end  of  each  session,  with  the  yeas  and  nays 
on  any  question,  when  required  by  any  member,  except  where  the 
votes  shall  be  taken  by  ballot,*  in  which  case  every  member  shall 
have  a  right  to  insert  the  reasons  of  his  vote  upon  the  minutes. 

15.  The  style  of  the  laws  of  this  State,  in  future  to  be  passed, 
shall  be :  It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of 
Vermont. 

16.  To  the  end  that  laws,  before  they  are  enacted,  may  be  more 
maturely  considered,  and  the  inconvenience  of  hasty  determinations, 
as  much  as  possible,  prevented,  all  bills  which  originate  in  the  As- 
sembly shall  be  laid  before  the  Governor  and  Council  for  their  revi- 


76  CONSTITUTION    OP 


sion  and  concurrence,  or  proposals  of  amendment ;  who  shall  return 
the  same  to  the  Assembly,  with  their  proposals  of  amendment,  if 
any,  in  writing  ;  and  if  the  same  are  not  agreed  to  by  the  Assembly, 
it  shall  be  in  the  power  of  the  Governor  and  Council  to  suspend  the 
passing  of  such  bill  until  the  next  session  of  the  Legislature  :  Pro- 
vided, that  if  the  Governor  and  Council  shall  neglect  or  refuse  to 
return  any  such  bill  to  the  Assembly,  with  written  proposals  of 
amendment,  within  five  days,  or  before  the  rising  of  the  Legislature, 
the  same  shall  become  a  law. 

1 7.  No  money  shall  be  drawn  out  of  the  treasury,  unless  first  ap- 
propriated by  act  of  legislation. 

18.  No  person  shall  be  elected  a  representative  until  he  has  re- 
sided two  years  in  this  State ;  the  last  of  which  shall  be  in  the  town 
for  which  he  is  elected. 

19.  No  member  of  the  Council  or  House  of  Representatives  shall, 
directly  or  indirectly,  receive  any  fee  or  reward  to  bring  forward  or 
advocate  any  bill,  petiti(^n,  or  other  business  to  be  transacted  in  the 
Legislature ;  or  advocate  any  cause,  as  counsel,  in  either  house  of 
legislation,  except  when  employed  in  behalf  of  the  State. 

20.  No  person  ought,  in  any  case,  or  at  any  time,  to  be  declared 
guilty  of  treason  or  felony  by  the  Legislature. 

21.  Every  man  of  the  full  age  of  twenty-one  years,  having  resided 
in  this  State  for  the  space  of  one  whole  year  next  before  the  election 
of  representatives,  and  is  of  a  quiet  and  peaceable  behavior,  and  will 
take  the  following  oath  or  affirmation,  shall  be  entitled  to  all  the 
privileges  of  a  freeman  of  this  State. 

"  You  solemnly  swear  (or  affirm)  that  whenever  you  give  your 
vote  of  suffrage,  touching  any  matter  that  concerns  the  State  of  Yer- 
mont,  you  will  do  it  so  as  in  your  conscience  you  shall  judge  will 
most  conduce  to  the  belst  good  of  the  same,  as  established  by  the 
Constitution,  without  fear  or  favor  of  any  man." 

22.  The  inhabitants  of  this  State  shall  be  trained  and  armed  for 
its  defense,  under  such  regulations,  restrictions,  and  exceptions  as 
Congress,  agreeably  to  the  Constitution  of  the  United  States,  and 
the  Legislature  of  this  State,  shall  direct.  The  several  companies 
of  militia  shall,  as  often  as  vacancies  happen,  elect  their  captain  and 
other  officers,  and  the  captains  and  subalterns  shall  nominate  and 
recommend  the  field-officers  of  their  respective  regiments,  who  shall 
appoint  their  staff-officers. 

23.  All  commissions  shall  be  in*the  name  of  the  freemen  of  the 
State  of  Yermont,  sealed  with  the  State  seal,  signed  by  the  Gover- 
nor, and  in  his  absence  the  Lieutenant-Governor,  and  attested  by 
the  Secretary  ;  which  seal  shall  be  kept  by  the  Governor. 

24.  Every  officer  of  State,  whether  judicial  or  executive,  shall  be 
liable  to  be  impeached  by  the  General  Assembly,  either  when  in 
office  or  after  his  resignation  or  removal,  for  maladministration.  All 
impeachments  shall  be  before  the  Governor,  or  Lieutenant-Governor, 
and  Council,  who  shall  hear  and  determine  the  same,  and  may  award 


VERMONT.  77 


costs  ;  arid  no  trial  or  impeachment  shall  be  a  bar  to  a  prosecution 
at  law. 

25.  As  every  freeman,  to  preserve  his  independence,  if  without  a 
sufficient  astate,  ought  to  have  some  profession,  calling,  trade,  or 
farm,  whjreby  he  may  honestly  subsist,  there  can  be  no  necessity 
for,  nor  use  in,  establishing  offices  of  profit,  the  usual  effects  of^  which 
are  dependence  and  servility,  unbecoming  freemen,  in  the  possessors 
or  expectants,  and  faction,  contention,  and  discord  among  the  people. 
But,  if  any  man  is  called  into  public  service,  to  the  prejudice  of  his 
private  affairs,  he  has  a  right  to  a  reasonable  compensation  ;  and. 
whenever  an  office,  through  increase  of  fees  or  otherwise,  becomes  so 
profitable  as  to  occasion  many  to  apply  for  it,  the  profits  ought  to  be 
lessened  by  the  Legislature.  And  if  any  officer  shall  wittingly  and 
wilfully  take  greater  fees  than  the  law  allows  him,  it  shall  ever 
after  disqualify  him  from  holding  any  office  in  this  State,  until  he 
shall  be  restored  by  act  of  legislation. 

26.  No  person  in  this  State  shall  be  capable  of  holding  or  exer- 
cising more  than  one  of  the  following  offices  at  the  same  time,  viz. : 
Grovernor,  Lieutenant-Governor,  Judge  of  the  Supreme  Court,  Trea- 
surer of  the  State,  member  of  the  Council,  member  of  the  General 
Assembly,  Surveyor-general,  or  sheriff.  Nor  shall  any  person,  hold- 
ing any  office  of  profit  or  trust,  under  the  authority  of  Congress,  be 
eligible  to  any  appointment  in  the  Legislature,  or  of  holding  any 
executive  or  judiciary  office  under  this  State. 

27.  The  Treasurer  of  the  State  shall,  before  the  Governor  and . 
Council,  give  sufficient  security  to  the  Secretary  of  the  State,  in  be- 
half of  the  General  Assembly ;  and  each  high  sheriff,  before  the  first 
judge  of  the  county  court  to  the  treasurer  of  their  respective  coun- 
ties, previous  to  their  respectively  entering  upon  the  execution  of 
their  offices,  in  such  manner,  and  in  sums,  as  shall  be  directed  by 
the  Legislature. 

28.  The  Treasurer's  accounts  shall  be  annually  audited,  and  a 
fair  statement  thereof  laid  before  the  General  Assembly  at  their 
session  in  October. 

29.  Every  officer,  whether  judicial,  executive,  or  military,  in  au- 
thority under  this  State,  before  he  enters  upon  the  execution  of  his 
office,  shall  take  and  subscribe  the  following  oath  or  affirmation  of 
allegiance  to  this  State,  unless  he  shall  produce  evidence  that  he  has 
before  taken  the  same  ;  and  also  the  following  oath  or  affirmation  of 
office,  except  military  officers,  and  such  as  shall  Be  exempted  by  the 
Legislature. 

The  Oath  or  Affirmation  of  Office. 
"  You  do  solemnly  swear  (or  affirm)  that  you  will  be  true  and 
faithful  to  the  State  of  Vermont,  and  that  you  will  not,  directly  or 
indirectly,  do  any  act'  or  thing  injurious  to  the  Constitution  or  Gov- 
ernment thereof,  as  established  by  convention  :  {If  an  oath)  so  help 
you  God.  (If  an  affirmation)  under  the  pains  and  penalties  of  per- 
jury." 


78  CONSTITUTION    OF 


The  Oath  or  Affirmation  of  Office. 

"  You, ,  do  solemnly  swear  (or  affirm)  that  you  will  faith- 
fully execute  the  office  of for  the of ;  and  will 

therein  do  equal  ri^ht  and  justice  to  all  men,  to  the  best  of  your 
judgment  and  abilities,  according  to  law  :  (If  an  oath)  so  help  you 
God.  [If  an  affirmation)  under  the  pains  and  penalties  of  per- 
jury." 

30.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant-Governor, until  he  shall  have  resided  in  this  State  four  years 
next  preceding  the  day  of  his  election. 

31.  Trials  of  issue,  proper  for  the  cognizance  of  a  jury,  in  the 
Supreme  and  county  courts,  shall  be  by  jury,  except  where  parties 
otherwise  agree ,  and  great  care  ought  to  be  taken  to  prevent  cor- 
ruption or  partiality  in  the  choice  and  return  or  appointment  of 
juries. 

32.  All  prosecutions  shall  commence,  Bj/  the  authority  of  the  State 
of  Vermont ;  all  indictments  shall  conclude  with  these  words  : 
against  the  peace  and  dignity  of  the  State.  And  all  fines  shall  be 
proportioned  to  the  offences. 

33.  The  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion or  fraud,  shall  not  be  continued  in  prison  after  delivering  up 
and  assigning  over,  bona  fide,  all  his  estate,  real  and  personal,  in  pos- 
session, reversion,  or  remainder,  for  the  use  of  *his  creditors,  in  such 
manner  as  shall  be  hereafter  regulated  by  law.  And  all  prisoners, 
unless  in  execution  or  committed  for  capital  offences,  when  the  proof 
is  evident  or  presumption  great,  shall  be  bailable  by  sufficient  sure- 
ties ;  nor  shall  excessive  bail  be  exacted  for  bailable  offences. 

34.  All  elections,  whether  by  the  people  or  the  Legislature,  shall 
be  free  and  voluntary  ;  and  any  elector,  who  shall  receive  any  gift 
or  reward  for  his  vote,  in  meat,  drink,  monies,  or  otherwise,  shall 
forfeit  his  right  to  elect  at  that  time,  and  suffer  such  other  penalty 
as  the  law  shall  direct ;  and  any  person  who  shall,  directly  or  indi- 
rectly, give,  promise,  or  bestow,  any  such  rewards,  to  be  elected,  shall 
thereby  be  rendered  incapable  to  serve  for  the  ensuing  year,  and  be 
subject  to  such  further  punishment  as  a  future  Legislature  shall 
direct 

35.  All  deeds  and  conveyances  of  land  shall  be  recorded  in  the 
town  clerk's  office,  in  their  respective  towns  ;  and  for  want  thereof, 
in  the  county  clerk's  office  of  the  same  county. 

36.  The  Legislature  shall  regulate  entails  in  such  manner  as  to 
prevent  perpetuities. 

37.  To  deter  more  effectually  from  the  commission  of  crimes,  by 
continued  visible  punishments  of  long  duration,  and  to  make  sangui- 
nary punishments  less  necessary,  means  ought  to  be  provided  for  pun- 
ishing by  hard  labor  those  who  shall  be  convicted  of  crimes  not  cap- 
ital, whereby  the  criminal  shall  be  employed  for  the  benefit  of  the 
public,  or  for  the  reparation  of  injuries  done  to  private  persons  :  and 


VERMONT.  79 


all  persons,  at  proper  times,  ought  to  be  permitted  to  see  them  at 
their  labor. 

38.  The  estate  of  such  persons  as  may  destroy  their  own  lives 
shall  not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the 
same  manner,  as  if  such  persons  had  died  in  a  natural  way.  Nor  * 
shall  any  article,  which  shall  accidentally  occasion  the  death  of  any 
person,  be  henceforth  deemed  a  deodand,  or  in  any  wise  forfeited,  on 
account  of  such  misfortune. 

39.  Every  person  of  good  character,  who  comes  to  settle  in  this 
State,  having  first  taken  an  oath  or  ifermation  of  allegiance  to  the 
same,  may  purchase,  or  by  other  just  means  acquire,  hold,  and  trans- 
fer land  or  other  real  estate  ;  and,  after  one  year's  residence,  shall 
be  deemed  a  free  denizen  thereof,  and  entitled  to  all  rights  of  a  nat- 
ural born  subject  of  this  State,  except  that  he  shall  not  be  capable 
of  being  elected  Governor,  Lieutenant-Governor,  Treasurer,  counsel- 
or, or  representative  in  Assembly  until  after  two  years'  residence. 

40.  The  inhabitants  of  this  State  shall  have  liberty,  in  seasonable 
times,  to  hunt  and  fowl  on  the  lands  they  hold,  and  on  other  lands 
not  enclosed  ;  and  in  like  manner  to  fish  in  all  beatable  and  other 
waters,  not  private  property,  under  proper  regulations,  to  be  here- 
after made  and  provided  by  the  General  Assembly. 

41.  Laws  for  the  encouragement  of  virtue  and  prevention  of 
vice  and  immorality  oiight  to  be  constantly  kept  in  force,  and  duly 
executed  ;  and  a  competent  number  of  schools  ought  to  be  main- 
tained in  each  town,  for  the  convenient  instruction  of  youth  ;  and 
one  or  more  grammar  schools  be  incorporated,  and  properly  sup- 
ported in  each  county  in  this  State.  And  all  religious  societies  or 
bodies  of  men,  that  may  be  hereafter  united  or  incorporated  for  the  ad- 
vancement of  religion  and  learning,  or  for  other  charitable  purposes, 
shall  be*encouraged  and  protected  in  the  enjoyment  of  the  privileges, 
immunities,  and  estates,  which  they  in  justice  ought  to  enjoy,  under 
such  regulations  as  the  General  Assembly  of  this  State  shall  direct. 

42.  The  declaration  of  the  political  rights  and  privileges  of  the  in- 
habitants of  this  State,  is  hereby  declared  to  be  a  part  of  the  Con- 
stitution of  this  commonwealth,  and  ought  not'  to  be  violated  on 
any  pretence  whatsoever. 

43.  In  order  that  the  freedom  of  this  commonwealth  may  be  pre- 
served inviolate  forever,  there  shall  be  chosen,  by  ballot,  by  the 
freemen  of  this  State,  on  the  last  Wednesday  in  March,  in  the 
year  one  thousand  seven  hundred  and  ninety-nine,  and  on  the  last 
Wednesday  in  March,  in  every  seven  years  thereafter,  thirteen  per- 
sons, who  shall  be  chosen  in  the  same  manner  the  Council  is  chosen, 
except  they  shall  not  be  out  of  the  Council  or  General  Assembly, 
to  be  called  the  Council  of  Censors :  who  shall  meet  together  on 
the  first  Wednesday  in  June  next  ensuing  their  election,  the 
majority  of  whom  shall  be  a  quorum  in  every  case,  except  as  to 
calling  a  Convention,  in  which  two-thirds  of  the  whole  number 
elected  shall  agree,  and  whose  duty  it  shall  be  to  inquire,  whether 


80  CONSTITUTION    OP 


the  Constitution  has  been  preserved  inviokte  in  every  part  dur- 
ing the  last  septenary,  including  the  year  of  their  service,  and 
whether  the  legislative  and  executive  branches  of  Groverninent  have 
performed  their  duty,  as  guardians  of  the  people,  or  assumed  to 
themselves,  or  exercised  other  or  greater  powers  than  they  are  en- 
titled to  by  the  Constitution  :  They  are  also  to  inquire,  whether  the 
public  taxes  have  been  justly  laid  and  collected  in  all  parts  of  this  com- 
monwealth :  in  what  manner  the  public  moneys  have  been  disposed 
of:  and  whether  the  laws  have  been  duly  executed.  For  these  pur- 
poses they  shall  have  power  to  send  for  persons,  papers,  and  records : 
they  shall  have  authority  to  pass  public  censures,  to  order  impeach 
ments,  and  to  recommend  to  the  Legislature  the  repealing  such  laws 
as  shall  appear  to  them  to  have  been  passed  contrary  to  the  princi- 
ples of  the  Constitution :  These  powers  they  shall  continue  to  have 
for  and  during  the  space  of  one  year  from  the  day  of  their  election, 
and  no  longer.  The  said  Council  of  Censors  shall  also  have  power 
to  call  a  Convention,  to  meet  within  two  years  after  their  sitting, 
if  there  appears  to  them  an  absolute  necessity  of  amending  any  ar- 
ticle of  this  Constitution,  which  may  be  defective  :  explaining  such 
as  may  be  thought  not  clearly  expressed :  and  of  adding  such  as  are 
necessary  for  the  preservation  of  the  rights  and  happiness  of  the 
people :  but  the  articles  to  be  amended,  and  the  amendments  pro- 
posed, and  such  articles  as  are  proposed  to  be  added  or  abolished, 
shall  be  promulgated  at  least  six  months  before  the  day  appointed 
for  the  election  of  such  Convention,  for  the  previous  consideration 
of  the  people,  that  they  may  have  an  opportunity  of  instructing 
their  delegates  on  the  subject. 


AMENDMENTS  TO  THE  CONSTITUTION, 

Adopted  Art.  1 .  No  person,  who  is  not  already  a  freeman  of 

June  26, 1828.  ^j^jg  g^^^^^  ^YiqII  be  entitled  to  exercise  the  privilege  of 
a  freeman,  unless  he  be  a  natural-born  citizen  of  this,  or  some  one 
of  the  United  States,  or  until  he  shall  have  been  naturalized  agree- 
ably to  the  acts  of  Congress, 

Adopted  2.  The  most  numerous  branch  of  the  Legislature  of 
Jan.  6,  1836.  ^j^j^  g^^^^  gj^^jj  hereafter  be  styled  the  House  of  Re- 
presentatives. 

3.  The  supreme  legislative  power  of  this  State  shall  hereafter  be 
exercised  by  a  Senate  and  the  House  of  Representatives,  which 
shall  be  styled  The  General  Assembly  of  the  Slate  of  Vermont.  Each 
shall  have  and  exercise  the  like  powers  in  all  acts  of  legislation^  and 
no  bill,  resolution,  or  other  thing,  which  shall  have  been  passed  by 
the  one,  shall  have  the  effect  of,  or  be  declared  to  be,  a  law,  without 
the  concurrence  of  the  other.  Provided,  that  all  revenue  bills  shall 
originate  in  the  House  of  Representatives ;  but  the  Senate  may  pro- 


VERMONT.  81 


pose  or  concur  with  amendments,  as  on  other  bills.  Neither  house, 
during  the  session  of  the  General  Assembly,  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting,  and  in  case 
of  disagreement  between  the  two  houses,  with  respect  to  adjourn- 
ment, the  Grovernor  may  adjourn  them  to  such  time  as  he  shall 
think  proper. 

4.  The  Senate  shall  be  composed  of  thirty  senators,  to  be  of  the 
freemen  of  the  county  for  which  they  are  elected  respectively,  who 
are  thirty  years  of  age  or  upwards,  and  to  be  annually  elected  by 
the  freemen  of  each  county  respectively.  Each  county  shall  be  en- 
titled to  one  senator  at  least,  and  the  remainder  of  the  senators  shall 
be  apportioned  to  the  several  counties,  according  to  their  population, 
as  the  same  was  ascertained  by  the  last  census,  taken  under  the  au- 
thority of  the  United  States,  regard  being  always  had  in  such  ap- 
portionment, to  the  counties  having  the  greatest  fraction.  But  the 
several  counties  shall,  until  after  the  next  census  of  the  United 
States,  be  entitled  to  elect,  and  have  their  senators  in  the  following 
proportion  ;  to  wit,  Bennington  county,  two ;  Windham  county, 
three ;  Rutland  county,  three ;  Windsor  county,  four ;  Addison 
county,  three ;  Orange  county,  three  ;  Washington  county,  two ; 
Chittenden  county,  two  ;  Caledonia  county,  two  ;  Franklin  county, 
three  ;  Orleans  county,  one  ;  Essex  county,  one  ;  Grand  Isle  county, 
one.  The  Legislature  shall  make  a  new  apportionment  of  the  se- 
nators to  the  several  counties,  after  the  taking  of  each  census  of  the 
United  States,  or  census  taken  for  the  purpose  of  such  apportion- 
ment by  order  of  the  Government  of  this  State,  regarding  the  above 
provisions  in  this,  article. 

5.  The  freemen  of  the  several  towns  in  each  county  shall  annually 
give  their  votes  for  the  senators  apportioned  to  such  county,  at  the 
same  time,  and  under  the  same  regulations,  as  are  now  provided  for 
the  election  of  counselors.  And  the  person  or  persons,  equal  in 
number  to  the  number  of  senators,  apportioned  to  such  county,  hav- 
ing the  greatest  number  of  legal  votes  in  such  county  respectively, 
shall  be  the  senator  or  senators  of  such  county. 

At  every  election  of  senators,  after  the  votes  shall  have  been 
taken,  the  constable,  or  presiding  officer,  assisted  by  the  selectmen 
and  civil  authority  present,  shall  sort  and  count  the  said  votes,  and 
make  two  lists  of  the  names  of  each  person,  with  the  number  of  votes 
given  for  each,  annexed  to  his  name,  a  record  of  which  shall  be  made 
in  the  town  clerk's  office  and  shall  seal  up  said  lists  separately,  and 
write,  on  each,  the  name  of  the  town^  and  these  words  :  Votes  for  Se- 
7iatory  or  Votes  for  Senators,  as  the  case  may  be ;  one  of  which  lists 
shall  be  delivered,  by  the  presiding  officer,  to  the  representative  of 
said  town  (if  any),  and  if  none  be  chosen,  to  the  representative  of  an 

adjoining  town,  to  be  transmitted  to  the of  the  Senate ;  the 

other  list,  the  said  presiding  officer  shall,  within  ten  days,  deliver 
to  the  clerk  of  the  county  for  the  same  county ;  and  the  clerk  of  each 


82  CONSTITUTION    OF 


county  court  respectively,  or  in  case  of  his  absence  or  disability, 
the  sheriff  of  such  county,  or  in  case  of  the  absence  or  disability  of 
both,  the  high  bailiff  of  such  county,  on  the  tenth  day  after  such  elec- 
tion, shall  publicly  open,  sort,  and  count  said  votes,  and  make  a  record 
of  the  same,  in  the  office  of  the  clerk  of  such  county  court,  a  copy 
of  which  he  shall  transmit  to  the  Senate ;  and  shall  also,  within  ten 
days  thereafter,  transmit  to  the  person  or  persons  elected,  a  certifi- 
cate of  his  or  their  election :  Provided,  however,  that  the  General 
Assembly  shall  have  power  to  regulate,  by  law,  the  mode  of  ballot- 
ing for  senators  within  the  several  counties,  and  to  prescribe  the 
means  and  the  manner,  by  which  the  result  of  the  balloting  shall  be 
ascertained,  and  through  which  the  senators  chosen 'shall  be  certi- 
fied of  their  election,  and  for  filling  all  vacancies  in  the  Senate, 
which  shall  happen  by  death,  resignation,  or  otherwise.  But  they 
shall  not  have  power  to  apportion  the  senators  to  the  several  coun- 
ties, otherwise  than  according  to  the  population  thereof,  agreeably 
to  the  provisions  herein  before  ordained. 

6.  The  Senate  shall  have  the  like  powers  to  decide  on  the  election 
and  qualifications  of,  and  to  expel  any  of  its  members,  make  its  own 
rules,  and  appoint  its  own  officers,  as  are  incident  to,  or  are  possessed 
by,  the  House  of  Eepresentatives.  A  majority  shall  constitute  a 
quorum.  The  Lieutenant-Governor  shall  be  President  of  the  Sen- 
ate, except  when  he  shall  exercise  the  office  of  Governor,  or  when 
his  office  shall  be  vacant,  or  in  his  absence,  in  which  cases  the  Sen- 
ate shall  appoint  one  of  its  own  members  to  be  President  of  the  Sen- 
ate, pro  tempore^  and  the  President  of  the  Senate  shall  have  a  cast- 
ing vote,  but  no  other. 

7.  The  Senate  shall  have  the  sole  power  of  trying  and  deciding 
upon  all  impeachments  :  when*  sitting  for  that  purpose  they  shall  be 
on  oath  or  affirmation,  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.  Judgment,  in 
cases  of  impeachment,  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  or  enjoy  any  office  of  honor,  or 
profit,  or  trust,  under  this  State.  But  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

8.  The  supreme  executive  power  of  the  State  shall  be  exercised 
by  the  Governor,  or  in  case  of  his  absence  or  disability,  by  the 
Lieutenant-Governor,  who  shall  have  all  the  powers  and  perform  all 
the  duties  vested  in  and  enjoined  upon  the  Governor  and  Council 
by  the  eleventh  and  twenty-seventh  sections  of  the  second  chapter 
[part  the  second,]  of  the  Constitution  as  at  present  established,  ex- 
cepting that  he  shall  not  sit  as  a  judge  in  case  of  impeachment,  nor 
grant  reprieve  or  pardon  in  any  such  case  ;  nor  shall  he  command 
the  forces  of  the  State  in  person,  in  time  of  war  or  insurrection,  un- 
less by  the  advice  and  consent  of  the  Senate,  and  no  longer  than 
they  shall  approve  thereof.  The  Governor  may  have  a  Secretary 
of  civil  and  military  affairs,  to  be  by  him  appointed,  during  pleasure. 


'Ji.li  '. 


VERMONT.  83 


whose  services  he  may  at  all  times  command ;  and  for  whose  com- 
pensation provision  shall  be  made  by  law. 

9.  The  votes  for  Governor,  Lieutenant-Governor,  and  Treasurer 
of  the  State  shall  be  sorted  and  counted,  and  the  result  declared  by 
a  Committee,  appointed  by  the  Senate  and  House  of  Representa- 
tives. If  at  any  time  there  shall  be  no  election  by  the  freemen,  of 
Governor  or  Lieutenant-Governor,  or  Treasurer  of  the  State,  the 
Senate  and  House  of  Representatives  shall,  by  a  joint  ballot,  elect 
to  fill  the  office,  not  filled  by  the  freemen  as  aforesaid,  one  of  the 
three  candidates  for  such  office  (if  there  be  so  many)  for  whom  the 
greatest  number  of  votes  shall  have  been  returned. 

10.  The  Secretary  of  State,  and  all  officers  whose  elections  are 
not  otherwise  provided  for,  and  who,  under  the  existing  provisions 
of  the  Constitution,  are  elected  by  the  Council  and  House  of  Repre- 
sentatives, shall  hereafter  be  elected  by  the  Senate  and  House  of 
Representatives,  in  joint  Assembly,  at  which  the  presiding  officer 
of  the  Senate  shall  preside,  and  such  presiding  officer  in  such  joint 
Assembly,  shall  have  a  casting  vote,  and  no  other. 

1 1.  Every  bill  which  shall  have  passed  the  Senate  and  House  of 
Representatives,  shall,  before  it  become  a  law,  be  presented  to  the 
Governor ;  if  he  approve,  he  shall  sign  it ;  if  not,  he  shall  return  it, 
with  his  objections  in  writing,  to  the  house  in  which  it  shall  have 
originated,  which  shall  proceed  to  reconsider  it.  If,  upon  such  re- 
consideration, a  majority  of  the  house  shall  pass  the  bill,  it  shall, 
together  with  the  objections,  be  sent  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  a  majority  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  taken  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  or  against  the  bill  shall  be  entered  on  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  Governor,  as  aforesaid,  within  five  days  (Sundays  excepted,) 
after  it  shall  have  been  presented  to  him,  the  same  shall  become  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  two  houses,  by 
their  adjournment  within  three  days  after  the  presentment  of  such 
bill,  shall  prevent  its  return  ;  in  which  case  it  shall  not  become  a  law. 

12.  The  writ  of  habeas  corpus  shall  in  no  case  be  suspended.  It 
shall  be  a  writ  issuable  of  right ;  and  the  General  Assembly  shall 
make  provision  to  render  it  a  speedy  and  efi"ectual  remedy  in  all 
cases  proper  therefor. 

13.  Such  parts  and  provisions,  only,  of  the  Constitution  of  this 
State,  established  by  Convention  on  the  9th  of  July,  1793,  as  are 
altered  or  suspended  by  any  of  the  foregoing  amendments,  or  are 
repugnant  thereto,  shall  hereafter  cease  to  have  efi'ect. 

14.  The  assistant  judges  of  the  county  court  shall  be  elected  by 
the  freemen  of  their  respective  counties. 

15.  Sheriffs  and  high  bailiffs  shall  be  elected  by  the  freemen  of 
their  respective  counties. 

16.  State's  attorneys  shall  be  elected  by  the  freemen  of  their 
respective  counties.  7 


84  CONSTITUTION    OF 


17.  Judges  of  probate  shall  be  elected  by  the  freemen  of  theii 
respective  probate  districts. 

18.  Justices  of  the  peace  shall  be  elected  by  the  freemen  of  their 
respective  towns  ;  and  towns  having  less  than  one  thousand  inha- 
bitants may  elect  any  number  of  justices  of  the  peace  not  exceed- 
ing ^ve;  towns  having  one  thousand,  and  less  than  two  thousand 
inhabitants,  may  elect  seven ;  towns  having  two  thousand,  and  less 
than  three  thousand  inhabitants,  may  elect  ten;  towns  having  three 
thousand,  and  less  than  five  thousand  inhabitants,  may  elect  twelve  ; 
and  towns  having  five  thousand,  or  more,  inhabitants,  may  elect 
fifteen  justices  of  the  peace. 

19.  All  the  officers  named  in  the  preceding  articles  of  amendment 
{articles  14  to  18)  shall  be  annually  elected  by  ballot,  and  shall  hold 
their  offices  for  one  year,  said  year  commencing  on  the  first  day  of 
December  next  after  their  election. 

20.  The  election  of  the  several  officers  mentioned  in  the  preceding 
articles  (articles  14  to  18),  excepting  town  representatives,  shall  be 
made  at  the  times  and  in  the  manner  now  directed  in  the  constitu- 
tion for  the  choice  of  senators.  And  the  presiding  officer  of  each 
freemen's  meeting,  after  the  votes  shall  have  been  taken,  sorted  and 
counted,  shall,  in  open  meeting,  make  a  certificate  of  the  names  of 
each  person  voted  for,  with  the  number  of  votes  given  for  each, 
annexed  to  his  name  and  designating  the  office  for  which  the  votes 
were  given,  a  record  of  which  shall  be  made  in  the  town  clerk's 
office,  and  he  shall  seal  up  said  certificate,  and  shall  write  thereon  the 

name  of  the  town  and  the  words,  Certificate  of  votes  for ,  and 

add  thereto,  in  writing,  the  title  of  the  office  voted  for,  as  the  case 
may  be,  and  shall  deliver  such  certificate  to  some  representative 
chosen  as  a  member  of  the  general  assembly,  whose  duty  it  shall  be 
to  cause  such  certificate  of  votes  to  be  delivered  to  the  committee 
of  the  general  assembly  appointed  to  canvass  the  same.  And  at  the 
sitting  of  the  general  assembly,  next  after  such  balloting  for  the 
officers  aforesaid,  there  shall  be  a  committee  appointed  of  and  by 
the  general  assembly,  who  shall  be  sworn  to  the  faithful  discharge 
of  their  duty,  and  whose  duty  it  shall  be  to  examine  such  certificates 
and  ascertain  the  number  of  votes  given  for  each  candidate,  and  the 
persons  receiving  the  largest  number  of  votes  for  the  respective 
offices,  shall  be  declared  duly  elected,  and  by  such  committee  be 
reported  to  the  general  assembly,  and  the  officers  so  elected  shall  be 
commissioned  by  the  governor.  And  if  two  or  more  persons  desig- 
nated for  any  one  of  said  offices  shall  have  received  an  equal  number 
of  votes,  the  general  assembly  shall  elect  one  of  such  persons  to 
such  office. 

21.  The  term  of  office  of  the  governor,  lieutenant  governor,  and 
treasurer  of  the  state,  respectively,  shall  commence  when  they  shall 
be  chosen  and  qualified,  and  shall  continue  for  the  term  of  one  year, 
or  until  their  successors  shall  be  chosen  and  qualified,  or  to  the 
adjournment  of  the  session  of  the  legislature,  at  which,  by  the  con- 


VERMONT.  «84 


stitution  and  laws,  their  successors  are  required  to  be  chosen,  and  not 
after  such  adjournment.  And  the  legislature  shall  provide,  by  gen- 
eral law,  declaring  what  officer  shall  act  as  governor  whenever  there 
shall  be  a  vacancy  in  both  the  offices  of  governor  and  lieutenant 
governor,  occasioned  by  a  failure  to  elect,  or  by  the  removal  from 
office,  or  by  the  death,  resignation,  or  inability  of  both  governor  and 
lieutenant  governor,  to  exercise  the  powers  and  discharge  the  duties 
of  the  office  of  governor;  and  such  officer,  so  designated,  shall  exer- 
cise the  powers  and  discharge  the  duties  appertaining  to  the  office 
of  governor  accordingly,  until  the  disability  shall  be  removed,  or  a 
governor  shall  be  elected.  And  in  case-  there  shall  be  a  vacancy  in 
the  office  of  treasurer,  by  reason  of  any  of  the  causes  enumerated, 
the  governor  shall  appoint  a  treasurer  for  the  time  being,  who  shall 
act  as  treasurer  until  the  disability  shall  be  removed,  or  a  new  elec- 
tion shall  be  made. 

22.  The  treasurer  of  the  state  shall,  before  entering  upon  the  duties 
of  his  office,  give  sufficient  security  to  the  secretary  of  state,  in  behalf 
of  the  state  of  Vermont,  before  the  governor  of  the  state,  or  one  of 
the  judges  of  the  supreme  court.  And  sheriffs  and  high  bailiffs,  before 
entering  upon  the  duties  of  their  respective  offices,  shall  give  suffi- 
cient security  to  the  treasurer  of  their  respective  counties,  before  one 
of  the  judges  of  the  supreme  court,  or  the  two  assistant  judges  of  the 
county  court  of  their  respective  counties,  in  such  manner  and  in  such 
sums  as  shall  be  directed  by  the  legislature.  • 

23.  The  senate  shall  be  composed  of  thirty  senators,  to  be  of  the 
freemen  of  the  county  for  which  they  are  elected,  respectively,  who 
shall  have  attained  the  age  of  thirty  years,  and  they  shall  be  elected 
annually  by  the  freemen  of  each  county  respectively. 

The  senators  shall  be  apportioned  to  the  several  counties,  accord- 
ing to  the  population,  as  ascertained  by  the  census  taken  under  the 
authority  of  Congress  in  the  year  1840,  regard  being  always  had,  in 
such  apportionment,  to  the  counties  having  the  largest  fraction,  and 
giving  to  each  county  at  least  one  senator. 

The  legislature  shall  make  a  new  apportionment  of  the  senators 
to  the  several  counties,  after  the  taking  of  each  census  of  the  United 
States,  or  after  a  census  taken  for  the  purpose  of  such  apportionment, 
under  the  authority  of  this  state,  always  regarding  the  above  pro- 
visions of  this  article. 


MASSACHUSETTS. 


This  ancient  Commonwealth  was  first  permanently  settled  by  Europeans, 
who  landed  at  Plymouth,  Dec.  22,  1620.  The  history  of  this  State  is  full  of 
interest.  Its  name  was  probably  derived  from  two  Indian  word :  Mos  and 
Wetuset — the  former  signifying  an  Indian's  arrow-head,  and  the  latter  a  hiU. 

The  territory  of  Massachusetts,  for  many  years,  comprised  two  separate 
colonies — the  Plymouth  colony  and  the  colony  of  Massachusetts  Bay.  In 
1692,  these  colonies  were  united  under  one  charter,  and  received  the  name  of 
Massachusetts.  The  American  Revolution  was  begun  in  this  State,  and  here 
the  first  American  blood  was  spilled  in  achieving  its  n9ble  conquests.  Mas- 
sachusetts furnished  more  men  and  more  money  than  any  other  of  the  colo- 
nies, in  carrying. forward  the  war  of  the  Revolution.  It  is  the  most  thickly 
settled  State  in  the  union,  having  about  100  inhabitants  to  the  square  mile. 
The  Constitution  was  framed  in  1780.  It  has  been  several  times  amended. 
Her  House  of  Representatives  is  one  of  the  largest  legislative  bodies  in  the 
world.— Area,  7,800  sq.  m.    Population,  in  1850,  994,499. 

Boston,  the  capital,  is  the  largest  city  in  New  England,  with  a  population, 
in  1845,  of  120,000,  and  is  the  second  commercial  city  in  the  union.  John 
Hancock,  President  of  the  first  American  Congress,  and  first  to  set  his  bold 
hand  to  the  Declaration  ol  Independence,  was  a  citizen  of  Boston.  It  was, 
also,  the  birth  place  of  Benjamin  Franklin,  one  of  the  five  appointed  tolrame 
that  interesting  document. 

684 


MASSACHUSETTS. 


CONSTITUTION. 

PKEAMBLE. 

The  end  of  the  institution,  maintenance,  and  administration  of 
government,  is  to  secure  the  existence  of  the  body  politic,  to  protect 
it,  and  to  furnish  the  individuals  who  compose  it  with  the  power  of 
enjoying,  in  safety  and  tranquillity,  their  natural  rights  and  the 
blessings  of  life  :  'and  whenever  these  great  objects  are  not  obtained, 
the  people  have  a  right  to  alter  the  government,  and  to  take  meas- 
ures necessary  for  their  safety,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  of  individ-' 
uals.  It  is  a  social  compact,  by  which  the  whole  people  covenants 
with  each  citizen,  and  each  citizen  with  the  whole  people,  that  all 
shall  be  governed  by  certain  laws  for  the  common  good.  It  is  the 
duty  of  the  people,  therefore,  in  framing  a  Constitution  of  govern- 
ment, to  provide  for  an  equitable  mode  of  making  laws,  as  well  as 
for  an  impartial  interpretation  and  a  faithful  execution  of  them ; 
that  every  man  may,  at  all  times,  find  his  security  in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowledging  with 
grateful  hearts  the  goodness  of  the  Great  Legislator  of  the  Universe, 
in  affording  us,  in  the  course  of  his  Providence,  an  opportunity,  de- 
liberately and  peaceably,  without  fraud,  violence,  or  surprise,  of  en- 
tering into  an  original,  explicit,  and  solemn  compact  with  each 
other ;  and  of  forming  a  new  Constitution  of  civil  government,  for 
ourselves  and  posterity ;  and  devoutly  imploring  his  direction  in  so 
interesting  a  design,  do  agree  upon,  ordain,  and  establish,  the  fol- 
lowing declaration  of  rights  and  frame  of  government,  as  the  Con- 
stitution of  the  commonwealth  of  Massachusetts. 

PART   I. 

A  Declaration  of  Rights  of  the  Inhabitaiits  of  the  Commo7iioealth  of 
Massachusetts. 

Art.  1.  All  men  are  born  free  and  equal,  and  have  certain  natu- 
ral, essential,  and  inalienable  rights  :  among  which  may  be  reckon- 
ed the  right  of  enjoying  and  defending  their  lives'  and  liberties ; 
that  of  acquiring,  possessing,  and  protecting  property  ;  in  fine,  that 
of  seeking  and  obtaining  their  safety  and  happiness.- 

2.  It  is  the  right,  as  well  as  the  duty,  of  all  men  in  society,  pub- 
licly, and  at  stated  reasons,  to  worship  the  Supreme  Being,  the 
Great  Creator  and  Preserver  of  the  Universe.  And  no  subject 
shall  be  hurt,  molested,  or  restrained  in  his  person,  liberty,  or  es- 
tate, for  worshiping  God  in  the  manner  and  seasons  most  agreeable 
to  the  dictates  of  his  own  conscience  :  or  for  his  religious  profession 
or  sentiments  ;  provided  he  doth  not  disturb  the  public  peace,  or 
obstruct  others  in  their  religious  worship. 


« 

86  CONSTITUTION    OF 


3.  As  the  happiness  of  a  people,  and  the  good  order  and  preser- 
vation of  civil  government,  essentially  depend  upon  piety,  religion, 
and  morality ;  and  as  these  cannot  be  generally  diffused  throughout 
the  community,  but  by  the  institution  of  a  public  worship  of  God, 
and  of  public  institutions  in  piety,  religion,  and  morality ;  therefore, 
to  promote  their  happiness,  and  to  secure  the  good  order  and  pre- 
servation of  their  government,  the  people  of  this  commonwealth  have 
a  right  to  invest  their  Legislature  with  power  to  authorize  and  re- 
quire, and  the  Legislature  shall,  from  time  to  tim«,  authorize  and 
require,  the  several  towns,  parishes,  precincts,  and  other  bodies 
politic,  or  religious  societies,  to  make  suitable  provision,  at  their 
own  expense,  for  the  institution  of  the  public  worship  of  Grod,  and 
for  the  support  and  maintenance  of  public  protestant  teachers  of 
piety,  religion,  and  morality,  in  all  cases  where  such  provision  shall 
not  be  made  voluntarily. 

All  the  people  of  the  commonwealth  have  also  a  right  to,  and  do, 
invest  their  Legislature  with  authority  to  enjoin  upon  all  the  sub- 
jects an  attendance  upon  the  instructions  of  the  public  teachers,  as 
aforesaid,  at  stated  times  and  seasons,  if  there  be  any  one  whose  in- 
structions they  can  conscientiously  and  conveniently  attend  : — 

Provided,  notwithstanding,  that  the  several  towns,  parishes,  pre- 
cincts, and  other  bodies  politic,  or  religious  societies,  shall,  at  all 
times,  have  the  exclusive  right  of  electing  their  public  teachers,  and 
of  contracting  with  them  for  their  support  and  maintenance. 

All  moneys  paid  by  the  subject  to  the  support  of  public  worship, 
and  of  the  public  teachers  aforesaid,  shall,  if  he  require  it,  be  uni- 
formly applied  to  the  support  of  the  public  teacher  or  teachers  of 
his  own  religious  sect  or  denomination,  provided  there  be  any  on 
whose  instruction  he  attends ;  otherwise  it  may  be  paid  towards  the 
support  of  the  teacher  or  teachers  of  the  parish  or  precinct  in  which 
the  said  moneys  are  raised. 

And  every  denomination  of  Christians,  demeaning  themselves 
peaceably,  and  as  good  subjects  of  the  commonwealth,  shall  be 
equally  under  the  protection  of  the  law ;  and  no  subordination  of 
any  sect  or  denomination  to  another  shall  ever  be  established  by  law. 

4.  The  people  of  this  commonwealth  have  the  sole  and  exclusive 
right  of  governing  themselves,  as  a  free,  sovereign,  and  independent 
State:  and  do,  and  forever  hereafter  shall,  exercise  and  enjoy  every 
power,  jurisdiction,  and  right,  which  is  not,  or  may  not  hereafter  be 
by  them  expressly  delegated  to  the  United  States  of  America,  in 
Congress  assembled. 

5.  All  power  residing  originally  in  the  people,  and  being  derived 
from  them,  the  several  magistrates  and  officers  of  government  vested 
with  authority,  whether  legislative,  executive,  or  judicial,  are  their 
substitutes  and  agents,  and  are  at  all  times  accountable  to  them. 

6.  No  man,  or  corporation,  or  association  of  men,  have  any  other 
title  to  obtain  advantages,  or  particular  and  exclusive  privileges, 
distinct  from  thosj   of  the  community,  than  what  arises  from  the 


MASSACHUSETTS.  '        87 


consideration  of  services  rendered  to  the  public.  And  this  title 
being,  in  nature,  neither  hereditary  nor  transmissible  to  children  or 
descendants,  or  relations  of  blood,  the  idea  of  a  man  born  a  magis- 
trate, lawgiver,  or  judge,  is  absurd  and  unnatural. 

7.  Government  is  instituted  for  the  common  good :  for  the  pro- 
tection, safety,  prosperity  and  happiness  of  the  people  ;  and  not  for 
the  profit,  honor,  or  private  interest  of  any  one  man,  family,  or  any 
one  class  of  men.  Therefore,  the  people  alone  have  an  incontesta- 
ble, inalienable,  and  indefeasible  right  to  institute  government,  and 
to  reform,  alter,  or  totally  change  the  same,  when  their  protection, 
safety,  prosperity,  and  happiness  require  it. 

8.  In  order  to  prevent  those  who  are  vested  with  authority  from 
becoming  oppressors,  the  people  have  a  right,  at  such  periods  and 
iii  such  manner  as  they  shall  establish  by  the  frame  of  government, 
to  cause  their  public  ofi&cers  to  return  to  private  life,  and  to  fill  up 
vacant  places  by  certain  and  regular  elections  and  appointments. 

9.  All  elections  ought  to  be  free  :  and  all  the  inhabitants  of  this 
commonwealth,  having  such  qualifications  as  they  shall  establish  by 
their  frame  of  government,  have  an  equal  right  to  elect  of&cers,  and 
to  be  elected  for  public  employments. 

10.  Each  individual  of  the  society  has  a  right  to  be  protected  by 
it,  in  the  enjoyment  of  his  life,  liberty,  and  property,  according  to 
the  standing  laws.  He  is  obliged,  consequently,  to  contribute  his 
share  to  the  expense  of  this  protection  ;  to  give  his  personal  service, 
or  an  equivalent,  when  necessary.  But  no  part  of  the  property  of 
any  individual  can,  with  justice,  be  taken  from  him,  or  applied  to 
the  public  use,  without  his  own  consent,  or  that  of  the  representa- 
tive body  of  the  people.  In  fine,  the  people  of  this  commonwealth 
are  not  controllable  by  any  other  laws  than  those  to  which  their 
constitutional  representative  body  have  given  their  consent.  And 
whenever  the  public  exigencies  require  that  the  property  of  any  in- 
dividual shall  be  appropriated  to  public  uses,  he  shall  receive  a  rea- 
sonable compensation  therefor. 

11.  Every  subject  of  the  Commonwealth  ought  to  find  a  certain 
remedy,  by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs 
which  he  may  receive,  in  his  person,  property,  or  character.  He 
ought  to  obtain  right  and  justice  freely,  and  without  being  obliged 
to  purchase  it — completely,  and  without  any  denial — promptly,  and 
without  delay — conformably  to  the  laws. 

12.  No  person  shall  be  held  to  answer  for  any  crime  or  offence, 
until  the  same  is  fully  and  plainly,  substantially  and  formally,  des- 
cribed to  him  ;  or  be  compelled  to  accuse  or  furnish  evidence  against 
himself.  And  every  person  shall  have  a  right  to  produce  all  proofs 
that  may  be  favorable  to  him  ;  to  meet  the  witnesses  against  him, 
face  to  face,  and  be  fully  heard  in  his  defense,  by  himself,  or  his 
counsel,  at  his  election.  And  no  person  shall  be  arrested,  imprisoned, 
or  despoiled  or  deprived  of  his  property,  immunities,  or  privileges, 
put  out  of  the  protection  of  the  law,  exiled  or  deprived  of  his  life. 


CONSTITUTION    OP 


liberty^  or  estate,  but  by  the  judgment  of  his  peers,  or  the  law  of 
the  land. 

And  the  Legislature  shall  not  make  any  law  that  shall  subject 
any  person  to  a  capital  or  infamous  punishment  (excepting  for  the 
government  of  the  army  arid  navy)  without  trial  by  jury. 

13.  In  criminal  prosecutions  the  verification  of  facts,  in  the  vicin- 
ity where,  they  happen,  is  one  of  the  greatest  securities  of  the  life, 
liberty,  and  property  of  the  citizen. 

14.  Every  person  has  a  right  to  be  secure  from  all  unreasonable 
searches  and  seizures  of  his  person,  his  house,  his  papers,  and  all 
his  possessions.  All  warrants,  therefore,  are  contrary  to  this,  right, 
if  the  cause  or  foundation  of  them  be  not  previously  supported  by 
oath  or  affirmation ;  and  if  the  order,  in  a  warrant  to  a  civil  officer, 
to  make  search  in  all  suspected  places,  or  to  arrest  one  or  more  sus- 
pected persons,  or  to  seize  their  property,  be  not  accompanied  with 
a  special  designation  of  the  persons  or  objects  of  search,  arrest,  or 
seizure.  And  no  warrant  ought  to  be  issued  but  in  such  cases,  and 
with  the  formalities  prescribed  by  the  laws, 

15.  In  all  controversies  concerning  property,  and  in  all  suits  be- 
tween two  or  more  persons,  (except  in  cases  in  which  it  has  hereto- 
fore been  otherwise  used  and  practised,)  the  parties  have  a  right  to 
a  trial  by  jury  ;  and  this  method  of  procedure  sh^,ll  be  held  sacred 
— unless,  in  cases  arising  on  the  high  seas,  and  such  as  relate  to 
mariners'  wages,  the  Legislature  shall  hereafter  find  it  necessary  to 
alter  it. 

16.  The  liberty  of  the  press  is  essential  to  security  of  freedom  in 
a  State ;  it  ought  not,  therefore,  to  be  restrained  in  this  Common- 
wealth. 

17.  The  people  have  a  right  to  keep  and  to  bear  arms  for  the  com- 
mon, defense.  And  as,  in  time  of  peace,  armies  are  dangerous  to 
liberty,  they  ought  not  to  be  maintained,  without  the  consent  of  the 
Legislature :  and  the  military  power  shall  always  be  held  in  exact 
subordination  to  the  civil  authority,  and  be  governed  by  it. 

18.  A  frequent  recurrence  to  the  fundamental  principles  of  the 
Constitution,  and  a  constant  adherence  to  those  of  piety,  justice, 
moderation,  temperance,  industry,  and  frugality,  are  absolutely  ne- 
cessary to  preserve  the  advantages  of  liberty,  and  to  maintain  a  free 
government.  The  people  ought,  consequently,  to  have  a  particular 
attention  to  all  those  principles,  in  the  choice  of  their  officers  and 
representatives,  and  they  have  a  right  to  require  of  their  lawgivers 
and  magistrates  an  exact  and  constant  observance  of  them,  in  the 
formation  and  execution  of  all  laws  necessary  for  the  good  adminis- 
tration of  the  commonwealth. 

19.  The  people  have  a  right,  in  an  orderly  and  peaceable  manner, 
to  assemble  to  consult  upon  the  common  good  ;  give  instruction  to 
their  representatives  ;  and  to  request  of  the  legislative  body,  by  the 
way  of  addresses,  petitions,  or  remonstrances,  redress  of  the  wrongs 
done  them,  and  of  the  grievances  they  suffer. 


MASSACHUSETTS.  39 


20.  The  power  of  suspending  the  laws,  or  the  execution  of  the 
laws,  ought  never  to  be  exercised  but  by  the  Legislature ;  or  by  au- 
thority derived  from  it,  to  be  exercised  in  such  particular  cases  only 
as  the  Legislature  shall  expressly  provide  for. 

21.  The  freedom  of  deliberation,  speech,  and  debate,  in  either 
house  of  the  Legislature,  is  so  essential  to  the  rights  of  the  people, 
that  it  cannot  be  the  foundation  of  any  accusation  or  prosecution, 
action  or  complaint,  in  any  other  court  or  place  whatsoever. 

22.  The  Legislature  ought  frequently  to  assemble,  for  the  redress 
of  grievances,  for  correcting,  strengthening,  and  confirming  the 
laws,  and  for  making  new  laws,  as  the  common  good  may  require. 

23.  No  subsidy,  charge,  tax,  impost,  .or  duties,  ought  to  be  estab- 
lished, fixed,  laid,  or  levied,  under  any  pretext  whatever,  without 
the  consent  of  the  people,  or  their  representatives  in  the  Legislature. 

24.  Laws  made  to  punish  for  actions  done  before  the  existence  of 
such  laws,  and  which  have  not  been  declared  crimes  by  preceding 
laws,  are  unjust,  oppressive,  and  inconsistent  with  the  fundamental 
principles  of  a  free  government. 

25.  No  person  ought,  in  any  case,  or  in  any  time,  to  be  declared 
guilty  of  treason  or  felony  by  the  Legislature. 

26.  No  magistrate  or  court  of  law,  shall  demand  excessive  bail  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punish- 
ments. 

27.  In  time  of  peace,  no  soldier  ought  to  be  quartered  in  any 
house,  without  the  consent  of  the  owner ;  and  in  time  of  war,  such 
quarters  ought  not  to  be  made,  but  by  the  civil  magistrate,  in  manner 
ordained  by  the  Legislature. 

28.  No  person  can,  in  any  case,  be  subjected  to  law  martial,  or  to 
any  penalties  or  pains  by  virtue  of  that  law,  (except  those  employed 
in  the  army  or  navy,  and  except  the  militia  in  actual  service,)  but 
by  the  authority  of  the  Legislature.    * 

29.  It  is  essential  to  the  preservation  of  the  rights  of  every  indi- 
vidual, his  life,  liberty,  property  and  character,  that  there  be  an  im- 
partial interpretation  of  the  laws,  and  administration  of  justice.  It 
is  the  right  of  every  citizen  to  be  tried  by  judges  as  free,  impartial, 
and  independent,  as  the  lot  of  humanity  will  admit.  It  is;  therefore, 
not  only  the  best  policy,  but  for  the  security  of  the  rights  of  the 
people,  and  of  every  citizen,  that  the  judges  of  the  Supreme  Judicial 
Court  should  hold  their  offices  as  long  as  they  behave  themselves  well ; 
and  that  they  should  have  honorable  salaries,  ascertained  and  es- 
tablished by  standing  laws. 

30.  In  the  government  of  this  commonwealth,  the  legislative  de- 
partment shall  never  exercise  the  executive  and  judicial  powers,  or 
either  of  them :  the  executive  shall  never  exercise  the  legislative 
and  judicial  powers,  or  either  of  them :  the  judicial  shall  never  ex- 
ercise the  legislative  and  executive  powers,  or  either  of  them:  to 
the  end  that  it  may  be  a  government  of  laws,  and  not  of  men. 


90  CONSTITUTION    OF 


PART    II. 

Frame  of  Government. 

The  people  inliabiting  the  territory  formerly  called  the  Province 
of  Massachusetts  Bay,  do  hereby  solemnly  and  mutually  agree  with 
each  other  to  form  themselves  into  a  free,  sovereign,  and  indepen- 
dent body  politic,  or  State,  by  the  name  of  The,  Commonwealth  of 
Massachusetts. 

CHAPTER  I 


S 


ECTION   I. 


The  Legislative  Power. — The  General  Court. 

Art.  1.  The  department  of  legislation  shall  be  formed  by  two 
branches,  a  Senate  and  House  of  Representatives :  each  of  which 
shall  have  a  negative  on  the  other. 

The  legislative  body  shall  assemble  every  year,  on  the  last  Wednes- 
day of  May,  and  at  such  other  times  as  they  shall  judge  necessary ; 
and  shall  dissolve  and  be  dissolved  on  the  day  next  preceding  the 
last  Wednesday  in  May  ;  and  shall  be  styled.  The  General  Court  of 
Massachusetts. 

2.  No  bill  or  resolve  of  the  Senate  or  House  of  Representatives 
shall  become  a  law,  and  have  force  as  such,  until  it  shall  have  been 
laid  before  the  Governor  for  his  revisal :  and  if  he,  upon  such  revi- 
sion, approve  thereof,  he  shall  signify  his  approbation  by  signing 
the  same.  But,  if  he  have  any  objection  to  the  passing  of  such  bill 
or  resolve,  he  shall  return  the  same,  together  with  his  objections 
thereto,  in  writing,  to  the  Senate  or  House  of  Representatives,  in 
whichsoever  the  same  shall  have  originated  ;  who  shall  enter  the  ob- 
jections sent  down  by  the  Grovernor,  at  large,  on  their  records,  and 
proceed  to  reconsider  the  said  bill  or  resolve  ;  but  if,  after  such  re- 
consideration, two-thirds  of  the  said  Senate  or  House  of  Represen- 
tatives shall,  notwithstanding  the  said  objections,  agree  to  pass  the 
same,  it  shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  Leg4slature,  where  it  shall  also  be  reconsidered,  and 
if  approved  by  two-thirds  of  the  members  present,  it  shall  have  the 
force  of  a  law ;  but  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays :  and  the  names  of  the  persons  vot- 
ing for  or  against  the  said  bill  or  resolve,  shall  be  entered  upon  the 
public  records  of  the  commonwealth. 

And,  in  order,  to  prevent  unnecessary  delays,  if  any  bill  or  resolve 
shall  not  be  returned  by  the  Grovernor  within  five  days  after  it  shall 
have  been  presented,  the  same  shall  have  the  force  of  a  law. 

3.  The  G-eneral  Court  shall  forever  have  full  power  and  authority 
to  erect  and  constitute  judicatories,  and  courts  of  record,  or  other 
courts,  to  be  held  in  the  name  of  the  commonwealth,  for  the  hear- 


MASSACHUSETTS.  91 


ing,  trying,  and  determining  of  all  manner  of  crimes,  oifences,  pleas, 
processes,  plaints,  actions,  matters,  causes,  and  things  whatsoever, 
arising  or  happening  within  the  commonwealth,  or  between  or  con- 
cerning persons  inhabiting,  or  residing,  or  brought  within  the  same  . 
whether  the  same  be  criminal  or  civil ;  or  whether  the  said  crimes 
be  capital  or  not  capital,  or  whether  the  said  pleas  be  real,  personal, 
or  mixed  ;  and  for  the  awarding  and  making  out  of  execution  there- 
upon ;  to  which  courts  and  judicatories  are  hereby  given  and  grant- 
ed full  power  and  authority,  from  time  to  time,  to  administer  oaths 
or  affirmations,  for  the  better  discovery  of  truth  in  any  matter  in 
controversy  or  depending  before  them. 

4.  And  further,  full  power  and  authority  are  hereby  given  and 
granted  to  the  said  General  Court,  from  time  to  time,  to  make,  or- 
dain, and  establish  all  manner  of  wholesome  and  reasonable  orders, 
laws,  statutes,  and  ordinances,  directions,  and  instructions,  either 
with  penalties  or  without  (so  as  the  same  be  not  repugnant  or  con- 
trary to  this  Constitution),  as  they  shall  judge  to  be  for  the  good 
and  welfare  of  this  commonwealth,  and  for  the  government  and  order- 
ing thereof,  and  of  the  citizens  of  the  ^same,  and  for  the  necessary 
support  and  defense  of  the  government  thereof;  and  to  name  and 
settle  annually,  or  provide  by  fixed  laws  for  the  naming  and  set- 
tling all  civil  officers,  within  the  said  commonwealth,  the  election 
and  constitution  of  whom  are  not  hereafter,  in  this  form  of  govern- 
ment, otherwise  provided  for :  and  to  set  forth  the  several  duties, 
powers,  and  limits  of  the  several  civil  and  military  officers  of  this 
commonwealth,  and  the  forms  of  such  oaths  or  affirmations  shall  be 
respectively  administered  unto  them  for  the  execution  of  their  seve- 
ral offices  and  places,  so  as  the  same  be  not  repugnant  or  contrary  to 
this  Constitution ;  and  to  impose  and  levy  proportionable  and  rea- 
sonable assessments,  rates,  and  taxes  upon  all  the  inhabitants  of, 
and  persons  resident,  and  estates  lying  within  the  said  common- 
wealth ;  and  also  to  impose  and  levy  reasonable  duties  and  excises 
upon  any  produce,  goods,  wares,  merchandises,  and  commodities 
whatsoever,  brought  into,  produced,  manufactured,  or  being  with- 
in the  same ;  to  be  issued  and  disposed  of  by  warrant  under  the 
hand  of  the  Governor  of  this  commonwealth  for  the  time  being,  with 
the  advice  and  consent  of  the  Council,  for  the  public  service,  in  the 
necessary  defense  and  support  of  the  government  of  the  said  com- 
monwealth, and  the  protection  and  preservation  of  the  citizens  there- 
of, according  to  such  acts  as  are  or  shall  be  in  force  within  the 
same. 

And  while  the  public  charges  of  government,  or  any  part  thereof, 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  hitherto 
been  practised ;  in  order  that  such  assessments  may  be  made  with 
equality,  there  shall  be  a  valuation  of  estates  within  the  common- 
wealth taken  anew  once  in  every  ten  years,  at  the  least,  and  as  much 
oftener  as  the  General  Court  shall  order. 


92 


CONSTITUTION    OF 


Section  ii. — Senate. 

Art.  1.  There  shall  be  annually  elected  by  the  freeholders  and 
other  inhabitants  of  this  commonwealth,  qualified  as  in  this  Consti- 
tution is  provided,  forty  persons  to  be  counselors  and  senators  for 
the  year  ensuing  their  election ;  to  be  chosen  by  the  inhabitants  of 
the  districts  into  which  the  commonwealth  may  .from  time  to  time 
be  divided  by  the  General  Court  for  that  purpose.  And  the  Gene- 
ral Court,  in  assigning  the  numbers  to  be  elected  by  the  representa- 
tive districts,  shall  govern  themselves  by  the  proportion  of  the  pub- 
lic taxes  paid  by  the  said  districts  ;  and  timely  make  known  to  the 
inhabitants  of  the  commonwealth,  the  limits  of  each  district,  and  the 
numbers  of  counselors  and  senators  to  be  chosen  therein :  provided 
that  the  number  of  such  districts  shall  never  be  less  than  thirteen ; 
and  that  no  district  be  so  large  as  to  entitle  the  same  to  choose  more 
than  six  senators. 

And  the  several  counties  in  this  commonwealth  shall,  until  the 
General  Court  shall  determine  it  necessary  to  alter  the  said  dis- 
tricts, be  districts  for  choice»of  counselors  and  senators,  (except  that 
the  cpunties  of  Duke's  county  and  Nantucket  shall  form  one  dis- 
trict for  that  purpose.)  and  shall  elect  the  following  number  for 
counselors  and  senators,  viz.  : 


Sufi'olk    .     .     . 

.     .     six 

York 

two 

Essex      .     .     . 

.     .     six 

Duke's  county  and  i 
Nantucket            \  ' 

Middlesex    .     . 

.     .     five 

one 

Hampshire  .     . 

.     .     four 

Worcester    .     .     .     . 

five 

Plymouth    .     . 

.     .     three 

Cumberland      .     .     . 

one 

Barnstable  .     . 

.     .     one 

Lincoln 

one 

Bristol    .     .     . 

three 

Berkshire     .     .     .     . 

two 

2.  The  Senate  shall  be  the  first  branch  of  the  Legislature  :  and 
the  senators  shall  be  chosen  in  the  following  manner,  viz. :  There 
shall  be  a  meeting  on  the  first  Monday  in  April,  annually  forever, 
of  the  inhabitants  of  each  town  in  the  several  counties  of  this  com- 
monwealth ;  to  be  called  by  the  selectmen,  and  warned  in  due 
course  of  law,  at  least  seven  days  before  the  first  Monday  in  April, 
for  the  purpose  of  electing  persons  to  be  senators  and  counselors. 
And  at  such  meetings  every  male  inhabitant,  of  twenty-one  years 
of  age  and  upwards,  having  a  freehold  estate  within  the  common- 
wealth of  the  annual  income  of  three  pounds,  or  any  estate  of  the 
value  of  sixty  pounds,  shall  have  a  right  to  give  in  his  vote  for  the 
senators  for  the  district  of  which  he  is  an  inhabitant ;  and  to  re- 
move all  doubts  concerning  the  word  "  inhabitant"  in  this  Constitu- 
tion, every  person  shall  be  considered  as  an  inhabitant  (for  the  pur- 
pose of  electing  and  being  elected  into  any  ofiice  or  place  within  this 
State)  in  that  town,  district,  or  plantation,  where  he  dwelleth  or 
hath  his  home. 

The  selectmen  of  the  several  towns  shall  preside  at  such  meetings 


MASSACHUSETTS.  93 


impartially,  and  shall  receive  the  votes  of  all  the  inhabitants  of  such 
towns,  present  and  qualified  to  vote  for  senators  ;  and  shall  sort  and 
count  them  in  open  town  meeting,  and  in  presence  of  the  town  clerk, 
who  shall  make  a  fair  record,  in  presence  of  the  selectmen,  and  in 
open  town  meeting,  of  the  name  of  every  person  voted  for,  and  of 
the  number  of  votes  against  his  name  ;  and  a  fair  copy  of  this  record 
shall  be  attested  by  the  selectmen  and  the  town  clerk,  and  shall  be 
sealed  up,  directed  to  the  Secretary  of  the  Commonwealth  for  the 
time  being,  with  a  superscription  expressing  the  purports  of  the 
contents  tliereof,  and  delivered  by  the  town  clerk  of  such  town  to 
the  sheriff  of  the  county  in  which  such  town  lies,  thirty  days  at 
least  before  the  last  Wednesday  in  May,  annually ;  or  it  shall  be 
delivered  into  the  Secretary's  office  seventeen  days  at  least  before 
the  said  last  Wednesday  in  May ;  and  the  sheriff  of  each  county 
shall  deliver  all  such  certificates  by  him  received  into  the  Secre- 
tary's office,  seventeen  days  before  the  said  last  Wednesday  in  May. 
And  the  inhabitants  of  plantations  unincorporated,  (qualified  as 
this  Constitution  provides.)  who  are  or  shall  be  empowered  a^id  re- 
quired to  assess  taxes  upon  themselves,  toward  the  support  of  gov- 
ernment, shall  have  the  same  privilege  of  voting  for  counselors  and 
senators  in  the  plantations  where  they  reside,  as  town  inhabitants 
have  in  their  respective  towns  ;  and  the  plantation  meetings  for 
that  purpose  shall  be  held  annually  on  the  same  first  Monday  in 
April,  at  such  place  in  the  plantations  respectively  as  the  assessors 
thereof  shall  direct ;  which  assessors  shall  have  like  authority  for 
notifying  the  electors,  collecting  and  returning  the  votes,  as  the 
selectmen  and  town  clerks  have  in  their  several  towns,  by  this  Con- 
stitution ;  and  all  other  persons,  living  in  places  unincorporated 
(qualified  as  aforesaid),  who  shall  be  assessed  to  the  support  of  gov- 
ernment by  the  assessors  of  an  adjacent  town,  shall  have  the  privi- 
lege of  giving  in  their  votes  for  counselors  and  senators  in  the  town 
where  they  shall  be  assessed,  and  be  notified  of  the  place  of  meeting 
by  the  selectmen  of  the  town  where  they  shall  be  assessed,  for  that 
purpose,  accordingly  J 

3.  And  that  there  may  be  a  due  Convention  of  senators  on  the 
last  Wednesday  in  May  annually,  the  Governor  and  five  of  the 
Council,  for  the  time  being,  shall,  as  soon  as  may  be,  examine  the 
returned  copies  of  such  records ;  and,  fourteen  days  before  the  said 
day,  he  shall  issue  his  summons  to  such  persons  as  shall  appear  to 
be  chosen  by  the  majority  of  votes,  to  attend  on  that  day  and  take 
their  seats  accordingly ;  p/ovided,  nevertheless,  that,  for  the  first 
year,  the  said  returned  copies  shall  be  examined  by  the  President 
and  five  of  the  Council  of  the  former  constitution  of  government ; 
and  the  said  President  shall,  in  like  manner,  issue  his  summons  to 
the  persons  so  elected,  that  they  may  take  their  seats  as  aforesaid. 

4.  The  Senate  shall  be  the  final  judge  of  the  elections,  returns, 
and  qualifications  of  their  own  members,  as  pointed  out  in  the  Con- 
stitution ;  and  shall,  on  the  said  last  Wednesday  in  May,  annually, 


94  CONSTITUTION    OF 


determine  and  declare  who  are  elected  by  each  district,  to  he  sena- 
tors, by  a  majority  of  votes  :  and  in  case  there  shall  not  appear  to 
be  the  full  number  of  senators  returned,  elected  by  a  majority  of 
votes  for  any  district,  the  deficiency  shall  be  supplied  in  the  follow- 
ing manner,  viz. :  The  members  of  the  House  of  Representatives, 
and  such  senators  as  shall  be  declared  elected,  shall  take  the  names 
of  such  persons  as  shall  be  found  to  have  the  highest  number  of 
votes  in  such  district,  and  not  elected,  amounting  to  twice  the  num- 
ber of  senators  wanting,  if  there  be  so  many  voted  for  ;  and  out  of 
these  shall  elect,  by  ballot,  a  number  of  senators  sufficient  to  fill  up 
the  vacancies  in  such  district ;  and  in  this  manner  all  such  vacan- 
cies shall  be  filled  in  every  district  of  the  commonwealth :  and,  in 
like  manner,  all  vacancies  in  the  Senate,  arising  by  death,  removal 
out  of  the  State,  or  otherwise,  shall  be  supplied  as  soon  as  may  be 
after  such  vacancies  shall  happen  : 

5.  Provided,  nevertheless,  that  no  person  shall  be  capable  of  being 
elected  a  senator,  who  is  not  seized  in  his  own  right  of  a  freehold 
within  this  commonwealth  of  the  value  of  three  hundred  pounds  at 
least,  or  possessed  of  personal  estate  to  the  value  of  six  hundred 
pounds  at  least,  or  of  both  to  the  amount  of  the  same  sum ;  and 
who  has  not  been  an  inhabitant  of  this  commonwealth  for  the  space 
of  five  years  immediately  preceding  his  election  ;  and  at  the  time  of 
his  election  he  shall  be  an  inhabitant  in  the  district  for  which  he 
shall  be  chosen.  ^ 

6.  The  Senate  shall  have  power  to  adjourn  themselves,  provided 
such  adjournments  do  not  exceed  two  days  at  a  time. 

7.  The  Senate  shall  choose  its  own  President,  appoint  its  own 
officers,  and  determine  its  own  rules  of  proceedings. 

8.  The  Senate  shall  be  a  court,  with  full  authority  to  hear  and  de- 
termine all  impeachments  made  by  the  House  of  Representatives, 
against  any  officer  or  officers  of  the  commonwealth,  for  misconduct  and 
maladministration  in  their  offices.  But,  previous  to  the  trial  of  every 
impeachment,  the  members  of  the  Senate  shall  respectively  be  sworn, 
truly  and  impartially  to  try  and  determine  the  charge  in  question, 
according  to  evidence.  Their  judgment,  however,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold  or 
enjoy  any  place  of  honor,  trust,  or  profit, under  this  commonwealth; 
but  the  party  so  convicted  shall  be,  nevertheless,  liable  to  impeach- 
ment, trial,  judgment,  and  punishment,  according  to  the  laws  of  the 
land. 

9.  Not  less  than  sixteen  members  of  tHe  Senate  shall  constitute  a 
quorum  for  doing  business. 

Section  III. — House  of  Reprcscjitatives. 

Art.  1.  There  shall  be,  in  the  Legislature  of  this  commonwealth, 
a  representation  of  the  people,  annually  elected,  and  founded  upon 
the  principles  of  equality 


MASSACHUSETTS.  95 


2.  And  in  order  to  provide  for  a  representation  of  the  citizens  of 
this  commonwealth,  founded  on  the  principles  of  equalit}'',  every 
corporate  town  containing  one  hundred  and  fifty  ratable  polls  may 
elect  one  representative  ;  every  corporate  town  containing  three 
hundred  and  seventy-five  ratable  polls  may  elect  two  representatives : 
every  corporate  town  containing  six  hundred  ratable  polls,  may  elect 
three  representatives,  and  proceeding  in  that  manner,  making  two 
hundred  and  twenty-five  ratable  polls  the  mean  increasing  number 
for  every  additional  representative  : 

Provided,  nevertheless,  that  each  town  now  incorporated,  not 
having  one  hundred  and  fifty  ratable  polls,  may  elect  one  represent- 
ative. But  no  place  shall  hereafter  be  incorporated  with  the  privi- 
lege of  electing  a  representative,  unless  there  are,  within  the  same, 
one  hundred  and  fifty  ratable  polls. 

And  the  House  of  Representatives  shall  have  power,  from  time 
to  time,  to  impose  fines  upon  such  towns  as  shall  neglect  to  choose 
and  return  members  to  the  same,  agreeably  to  this  Constitution. 

The  expense  of  traveling  to  the  Greneral  Assembly,  and  returning 
home  once  in  every  session,  and  no  more,  shall  be  paid  by  the  gov- 
ernment, out  of  the  public  treasury,  to  every  member  who  shall  at- 
tend as  seasonably  as  he  can,  in  the  judgment  of  the  House,  and 
does  not  depart  without  leave. 

3.  Every  member  of  the  House  of  Representatives  shall  be  chosen 
by  written  votes  ;  and  for  one  year  at  least  next  preceding  his  elec- 
tion shall  have  been  an  inhabitant  of,  and  have  been  seized  in  his 
own  right  of  a  freehold  of  the  value  of  one  hundred  pounds  within 
the  town  he  shall  be  chosen  to  represent,  or  any  ratable  es- 
tate, to  the  value  of  two  hundred  pounds ;  and  he  shall  cease  to 
represent  the  said  town  immediately  on  his  ceasing  to  be  qualified 
as  aforesaid. 

4.  Every  male  person  (being  twenty-one  years  of  age,  and  resi- 
dent of  any  particular  town  in  this  commonwealth,  for  the  space  of 
one  year  next  preceding)  having  a  freehold  estate  within  the  same 
town,  of  the  annual  income  of  three  pounds,  or  any  estate  of  the 
value  of  sixty  pounds,  shall  have  a  right  to  vote  in  the  choice  of  a 
representative,  or  representatives,  for  the  said  town. 

5.  The  members  of  the  House  of  Representatives  shall  be  chosen 
annually,  in  the  month  of  May,  ten  days,  at  least,  before  the  last 
Wednesday  of  that  month. 

6.  The  House  of  Representatives  shall  be  the  grand  inquest  of 
this  commonwealth ;  and  all  impeachments,  made  by  them,  shall  be 
heard  and  tried  by  the  Senate. 

7.  All  money  bills  shall  originate  in  the  House  of  Representa- 
tives :  but  the  Senate  may  propose  or  concur  with  amendments  as 
on  other  bills. 

8.  The  House  of  Representatives  shall  have  power  to  adjourn 
themselves  ;  provided  such  adjournment  shall  not  exceed  two  days 
at  a  time. 


CONSTITUTION    OF 


9.  Not  less  than  sixty  members  of  the  House  of  Eepresentatives 
shall  constitute  a  quorum  for  doing  business. 

10.  The  House  of  Representatives  shall  be  the  judge  of  the  re- 
turns, elections  and  qualifications  ot  its  own  members,  as  pointed 
out  in  the  Constitution  ;  shall  choose  their  own  Speaker  ;  appoint 
their  own  officers,  and  settle  their  rules  and  orders  of  proceeding  in 
their  own  house.  They  shall  have  authority  to  punish,  by  imprison- 
ment, every  person  (not  a  member)  who  shall  be  guilty  of  disrespect 
to  the  house,  by  any  disorderly  or  contemptuous  behaviour  in  its 
presence  ;  or  who,  in  the  town  where  the  General  Court  is  sitting, 
and  during  the  time  of  its  sitting,  shall  threaten  harm  to  the  body  or 
or  estate  of  any  of  its  members,  for  anything  said  or  done  in  the 
House  ;  or  who  shall  assault  any  of  them  therefor  ;  or  who  shall  as- 
sault or  arrest  any  witness  or  other  person  ordered  to  attend  the 
House,  in  his  way  in  going  or  returning ;  or  who  shall  rescue  any 
person  arrested  by  the  order  of  the  House. 

And  no  member  of  the  House  of  Representatives  shall  be  arrested 
or  held  to  bail  on  mesne  process,  during  his  going  into,  returning 
from,  or  his  attending  the  Greneral  Assembly. 

11.  The  Senate  have  the  same  powers  in  the  like  cases  ;  and  the 
Grovernor  and  Council  shall  have  the  same  authority  to  punish  in 
like  cases :  provided,  that  no  imprisonment,  on  the  warrant  or  order 
of  the  Governor,  Council,  Senate  or  House  of  Representatives,  for 
either  of  the  above  described  offences,  be  for  a  term,  exceeding  thirty 
days. 

And  the  Senate  and  House  of  Representatives  may  try  and  deter- 
mine all  cases  where  their  rights  and  privileges  are  concerned,  and 
which  by  the  Constitution,  they  have  authority  to  try  and  determine 
by  committees  of  their  own  members,  or  in  such  other  way  as  they 
may  respectively  think  best. 

CHAPTER  11. 

Section  I. — Executive  Power.      Governor. 

Art.  .1.  There  shall  be  a  Supreme  Executive  Magistrate,  who  shall 
be  styled  the  Governor  of  the  Commonwealth  of  Massachusetts  :  and 
whose  title  shall  be.  His  Excellency. 

2.  The  Governor  shall  be  chosen  annually :  and  no  person  shall 
be  eligible  to  this  office,  unless  at  the  time  of  his  election  he  shall 
have  been  an  inhabitant  of  this  commonwealth  for  seven  years  next 
preceding  ;  and  unless  he  shall,  at  the  same  time,  be  seized  in  his 
own  right  of  a  freehold  within  the  commonwealth  of  the  value  of  one 
thousand  pounds ;  and  unless  he  shall  declare  himself  to  be  of  the 
Christian  religion. 

3.  Those  persons  who  shall  be  qualified  to  vote  for  senators  and 
representatives,  within  the  several  towns  of  this  commonwealth, 
shall,  at  a  meeting  to  be  called  for  that  purpose,  on  the  first  Mon- 
day in  April,  annually,  give  in  their  votes  for  a  Governor  to  the  se- 


MASSACHUSETTS.  97 


lectmen,  who  shall  preside  at  such  meetings  ;  and  the  town  clerk,  in 
the  presence  and  with  the  assistance  of  the  selectmen,  shall,  in  open 
town  meeting,  sort  and  count  the  votes,  and  form  a  list  of  the  per- 
sons voted  for,  with  the  number  of  votes  for  each  person,  against 
his  name :  and  shall  make  a  fair  record  of  the  same  in  the  town 
books,  and  a  public  declaration  thereof  in  the  said  meeting  ;  and 
shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of  the  said 
lists,  attested  by  him  and  the  selectmen,  and  transmit  the  same  to 
the  sheriff  of  the  county,  thirty  days  at  least  before  the  last  Wednes- 
day in  May  :  and  the  sheriff  shall  transmit  the  same  to  the  Secre- 
tary's office  seventeen  days  at  least  before  the  said  last  Wednesday  in 
May ;  or  the  selectmen  may  cause  returns  of  the  same  to  be  made 
to  the  office  of  the  Secretary  of  the  commonwealth,  seventeen  days 
at  least  before  the  said  day ;  and  the  Secretary  shall  lay  the  same 
before  the  Senate  and  House  of  Representatives  on  the  last  Wednes- 
day in  May,  to  be  by  them  examined :  and  in  case  of  an  election  by 
a  majority  of  all  the  votes  returned,  the  choice  shall  be  by  them  de- 
clared and  published.  But  if  no  person  shall  have  a  majority  of 
votes,  the  House  of  Kepresentatives  shall,  by  ballot,  elect  two  out 
of  four  persons,  who  had  the  highest  number  of  votes,  if  so  many 
shall  have  been  voted  for :  but,  if  otherwise,  out  of  the  number  voted 
for  ;  and  make  return  to  the  Senate  of  the  persons  so  elected ;  on 
which  the  Senate  shall,  by  ballot,  elect  one  who  shall  be  declared 
Governor. 

4.  The  Governor  shall  have  authority  from  time  to  time,  at  his 
discretion,  to  assemble  and  call  together  the  counselors  of  this  com- 
monwealth for  the  time  being ;  and  the  Governor,  with  the  said 
counselors,  or  five  of  them  at  least,  shall,  and  may  from  time  to  time, 
hold  and  keep  a  council,  for  the  ordering  and  directing  the  affairs 
of  the  commonwealth,  agreeably  to  the  Constitution  or  laws  of  the 
land. 

5.  The  Governor,  with  the  advice  of  Council,  shall  have  full 
power  and  authority,  during  the  session  of  the  General  Court,  to 
adjourn  or  prorogue  the  same,  to  any  time  the  two  houses  shall  de- 
sire ;  and  to  dissolve  the  same  on  the  day  next  preceding  the  last 
Wednesday  in  May,  and  in  the  recess  of  the  said  Court  to  prorogue 
the  same,  from  time  to  time,  not  exceeding  ninety  days  in  any  one 
recess ;  and  to  call  it  together  sooner  than  the  time  to  which  it  may 
be  adjourned  or  prorogued,  if  the  welfare  of  the  commonwealth  shall 
require  the  same.  And  in  case  of  any  infectious  distemper  prevail- 
ing in  the  place  where  the  said  Court  is  next,  at  any  time,  to  con- 
vene, or  any  cause  happening,  whereby  danger  may  arise  to  the 
health  or  lives  of  the  members  from  their  attendance,  he  may  direct 
the  session  to  be  held  at  some  other  of  the  most  convenient  places 
within  the  State. 

And  the  Governor  shall  dissolve  the  said  General  Court  on  the 
day  next  preceding  the  last  Wednesday  in  May. 

6.  In  cases  of  disagreement  between  the  two  houses  with  regard 

8 


98  CONSTITUTION    OF 


to  the  necessity,  expediency,  or  time  of  adjournment,  or  prorogation, 
the  Governor,  with  advice  of  the  Council,  shall  have  a  right  to  ad- 
journ or  prorogue  the  General  Court,  not  exceeding  ninety  days,  as 
he  shall  determine  and  the  public  good  shall  require. 

7.  The  Governor  of  this  commonwealth,  for  the  time  being,  shall 
be  commander-in-chief  of  the  army  and  navy,  and  of  all  the  military 
forces  of  the  State,  by  sea  and  land  ,  and  shall  have  full  power,  by 
himself,  or  by  any  commander,  or  other  officer  or  officers,  from  time 
to  time,  to  train,  instruct,  exercise,  and  govern  the  militia  and  navy  ; 
and,  for  the  special  defense  and  safety  of  the  commonwealth,  to  as- 
semble in  martial  array,  and  put  in  warlike  posture,  the  inhabitants 
thereof;  and  to  lead  and  conduct  them,  and  with  them  to  encoun- 
ter, repel,  resist,  expel,  and  pursue,  by  force  of  arms,  as  well  by  sea 
as  by  land,  within  or  without  the  limits  of  this  commonwealth  ;  and 
also  to  kill,  slay,  and  destroy,  if  necessary,  and  conquer,  by  all  fit- 
ting ways,  enterprises,  and  means  whatsoever,  all  and  every  *such 
person  or  persons,  as  shall,  at  any  time  hereafter,  in  a  hostile  man- 
ner, attempt  or  enterprise  the  destruction,  invasion,  detriment,  or 
annoyance  of  this  commonwealth ;  and  to  use  and  exercise  over  the 
army  and  navy,  and  over  the  militia  in  actual  service,  the  law  mar- 
tial, in  time  of  war  or  invasion,  and  also  in  time  of  rebellion  (de- 
clared by  the  Legislature  to  exist),  as  occasion  shall  necessarily  re- 
quire ;  and  to  take  and  surprise,  by  all  ways  and  means  whatsoever, 
all  and  every  such  person  or  persons  (with  their  ships,  arms,  ammu- 
nition, and  goods)  as  shall,  in  a  hostile  manuer,  invade,  or  attempt 
the  invading,  conquering,  or  annoying  this  commonwealth  ;  and  that 
the  Governor  be  intrusted  with  all  these  and  other  powers  incident 
to  the  offices  of  captain-general,  and  commander-in-chief,  and  admi- 
ral, to  be  exercised  agreeably  to  the  rules  and  regulations  of  the 
Constitution,  and  the  laws  of  the  land,  and  not  otherwise. 

Provided,  that  the  said  Governor  shall  not,  at  any  time  hereafter, 
by  virtue  of  any  power  by  this  Constitution  granted,  or  hereafter  to 
be  granted  to  him  by  the  Legislature,  transport  any  of  the  inhabi- 
tants of  this  commonwealth,  or  oblige  them  to  march  out  of  the 
limits  of  the  same,  without  their  free  and  voluntary  consent,  or  the 
consent  of  the  General  Court ;  except  so  far  as  may  be  necessary 
to  march  or  transport  them  by  land  or  water,  for  the  defense  of  such 
part  of  the  State,  to  which  they  cannot  conveniently  have  access. 

8.  The  power  of  pardoning  offences,  except  such  as  persons  may 
be  convicted  of  before  the  Senate,  by  an  impeachment  of  the  House. 
shall  be  in  the  Governor,  by  and  with  the  advice  of  Council ;  but 
no  charter  of  pardon,  granted  by  the  Governor,  with  advice  of  the 
Council,  before  conviction,  shall  avail  the  party  pleading  the  same, 
notwithstanding  any  general  or  particular  expressions  contained 
therein,  descriptive  of  the  offence  or  offences  intended  to  be  par- 
doned. 

9.  All  judicial  officers,  the  Attorney-General,  the  Solicitor-Gene- 
ral, all  sheriffs,  coroners,  and  registers  of  probate,  shall  be  nominat- 


MASSACHUSETTS.  99 


ed  and  appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Council ;  and  every  such  nomination  shall  be  made  by  the 
Governor,  and  made  at  least  seven  days  prior  to  such  appointment. 

10.  The  captains  and  subalterns  of  the  militia  shall  be  elected  by 
the  written  votes  of  the  train  band  and  alarm  list  of  their  respective 
companies,  of  twenty-one  years  of  age  and  upwards.  The  field  offi- 
cers of  regiments  shall  be  elected  by  the  written  votes  of  the  cap- 
tains and  subalterns  of  their  respective  regiments.  The  brigadiers 
shall  be  elected,  in  like  manner,  by  the  field  officers  of  their  respect- 
ive brigades.  And  such  officers,  so  elected,  shall  be  commissioned 
by  the  Governor,  who  shall  determine  their  rank. 

The  Legislature  shall,  by  standing  laws,  direct  the  time  and  man- 
ner of  convening  the  electors,  and  of  collecting  votes,  and  of  certify- 
ing to  the  Governor  the  officers  elected. 

The  major-generals  shall  be  appointed  by  the  Senate  and  House 
of  Representatives,  each  having  a  negative  upon  the  other  ;  and  be 
commissioned  by  the  Governor. 

And  if  the  electors  of  brigadiers,  field  officers,  captains,  or  subal- 
terns, shall  neglect  or  refuse  to  make  such  elections,  after  being  duly 
notified  according  to  the  laws  of  the  time  being,  then  the  Governor, 
with  advice  of  the  Council,  shall  appoint  suitable  persons  to  fill 
such  offices.  * 

And  no  officer,  duly  commissioned  to  command  in  the  militia, 
shall  be  removed  from  his  office,  but  by  the  address  of  both  houses 
to  the  Governor,  or  by  fair  trial  in  court-martial,  pursuant  to  the 
laws  of  the  commonwealth  for  the  time  being. 

The  commanding  officers  of  regiments  shall  appoint  their  adju- 
tants and  quartermasters :  the  brigadiers  their  brigade-majors  ;  and 
major-generals  their  aids  :  and  the  Governor  shall  appoint  the  adju- 
tant-general. 

The  Governor,  with  advice  of  Council,  shall  appoint  all  officers  of 
the  continental  army,  whom  (by  the  confederation  of  the  United 
States  (it  is  provided  that  this  commonwealth  shall  appoint,  as  also 
all  officers  of  forts  and  garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments,  and  compa- 
nies, made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be 
considered  as  the  proper  divisions  of  the  militia  of  this  common- 
wealth, until  the  same  shall  be  altered  in  pursuance  of  some  future 
law. 

11.  No  moneys  shall  be  issued  out  of  the  treasury  of  this  com- 
monwealth, and  be  disposed  of  (except  such  sums  as  may  be  ap- 
propriated for  the  redemption  of  bills  of  credit  or  treasurer's  notes, 
or  for  the  payment  of  interest  arising  thereon)  but  by  warrant,  under 
the  hand  of  the  Governor  for  the  time  being,  with  the  advice  and 
consent  of  the  Council,  for  the  necessary  defense  and  Support  of 
the  commonwealth,  and  for  the  protection  and  preservation  of  the 
inhabitants  thereof,  agreeably  to  the  act  and  resolves  of  the  Gene- 
ral Court. 


100  CONSTITUTION    OF 


12.  All  public  boards,  tl^e  commissary-general,  all  superintending 
officers  of  public  magazines  and  stores,  belonging  to  this  common- 
wealth, and  all  commanding  officers  of  forts  and  garrisons  within  the 
same,  shall,  once  in  every  three  months,  officially,  and  without  requi- 
sition, and  at  other  times  when  required  by  the  Governor,  deliv^er  to 
him  an  account  of  all  goods,  stores,  provisions,  ammunition,  cannon, 
with  their  appendages,  and  small  arms,  with  their  accoutrements,  and 
of  all  other  public  property  whatever,  under  their  care  respectively  ; 
distinguishing  the  quantity,  number,  quality,  and  kind  of  each,  as 
particularly  as  may  be ;  together  with  the  condition  of  such  forts  and 
garrisons.  And  the  said  commanding  officer  shall  exhibit  to  the 
Governor,  when  required  by  him,  true  and  exact  plans  of  such  forts, 
and  of  the  land  and  sea,  harbor  or  harbors,  adjacent. 

And  the  said  boards,  and  all  public  officers  shall  communicate  to 
the  Governor,  as  soon  as  may  be  after  receiving  the  same,  all  dis- 
patches and  intelligence  of  a  public  nature,  which  shall  be  directed 
to  them  respectively. 

13.  As  the  public  good  requires  that  the  Governor  should  not  be 
under  the  undue  influence  of  any  of  the  members  of  the  General 
Court,  by  a  dependence  on  them  for  his  support :  that  he  should  in 
all  cases  act  with  freedom  for  the  benefit  of  the  public  ;  that  he 
should  not  "have  his  attention  necessarily  diverted  from  that  object 
to  his  private  concerns  ;  and  that  he  should  maintain  the  dignity  of 
the  commonwealth,  in  the  character  of  its  chief  magistrate,  it  is  ne- 
cessary that  he  should  have  an  honorable,  stated  salary,  of  a  fixed 
and  permanent  value,  amply  sufficient  for  those  purposes,  and  estab- 
lished by  standing  laws ;  and  it  shall  be  among  the  first  acts  of  the 
General  Court,  after  the  commencement  of  this  Constitution,  to 
establish  such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  established  by 
law  for  the  justices  of  the  Supreme  Judicial  Court. 

And  if  it  shall  be  found  that  any  of  the  salaries  aforesaid,  so  es- 
tablished, are  insufficient,  they  shall,  from  time  to  time,  be  enlarged, 
as  the  General  Court  shall  judge  proper. 

Section  II. — Lieutenant-  Governw. 

Art.  1.  There  shall  be  annually  elected  a  Lieutenant-Governor 
of  the  Commonwealth  of  Massachusetts,  whose  title  shall  be.  His 
Honor ;  and  who  shall  be  qualified,  in  point  of  religion,  property, 
and  residence  in  the  commonwealth,  in  the  same  manner  with  the 
Governor ;  and  the  day  and  manner  of  his  election,  and  the  qualifi- 
cations of  the  electors,  shall  be  the  same  as  are  required  in  the  elec- 
tion of  a  Governor.  The  return  of  the  votes  for  this  officer,  and  the 
declaration  of  his  election,  shall  be  in  the  same  manner  :  and  if  ,no 
one  person  shall  be  found  to  have  a  majority  of  all  the  votes  return- 
ed, the  vacancy  shall  be  filled  by  the  Senate  and  House  of  Represen- 
tatives, in  the  same  manner  as  the  Governor  is  to  be  elected,  in  case 


MASSACHUSETTS.  l^fX' 


no  one  person  shall  have  a  majority  of  the  votes  of  the  people,  to  be 
Grovernor. 

2.  The  Grovernor,  and  in  his  absence  the  Lieutenant-Governor, 
shall  be  the  President  of  the  Council,  but  shall  have  no  vote  in 
Council ;  and  the  Lieutenant-Governor  shall  always  be  a  member  of 
the  Council,  except  when  the  chair  of  the  Governor  shall  be  vacant. 

3.  Whenever  the  chair  of  the  Governor  shall  be  vacant  by  reason 
of  his  death,  or  absence  from  the  commonwealth,  or  otherwise,  the 
Lieutenant-Governor  for  the  time  being  shall,  during  such  vacancy, 
perform  all  the  duties  incumbent  upon  the  Governor,  and  shall  have 
and  exercise  all  the  power  and  authorities  which,  by  this  Constitu- 
tion, the  Governor  is  vested  with,  when  personally  present. 

Section  III. 

Council^  and  the  manner  of  settling  elections  hy  the  Legislature. 

Art.  1.  There  shall  be  a  Council  for  advising  the  Governor  in 
the  executive  part  of  government,  to  consist  of  nine  persons,  besides 
the  Lieutenant-Governor,  whom  the  Governor,  for  the  time  being, 
shall  have  full  power  and  authority  from  time  to  time,  at  his  discre- 
tion, to  assemble  and  call  together :  and  the  Governor,  with  the  said 
counselors,  or  five  of  them  at  least,  shall  and  may,  from  time  to  time 
hold  and  keep  a  Council,  for  the  ordering  and  directing  the  affairs 
of  the  commonwealth,  according  to  the  laws  of  the  land. 

2.  Nine  counselors  shall  be  annually  chosen  from  among  the  per- 
sons returned  from  the  counselors  and  senators,  on  the  last  Wednes- 
day in  May,  by  the  joint  ballot  of  the  senators  and  representatives, 
assembled  in  one  room :  and  in  case  there  shall  not  be  found,  upon 
the  first  choice,  the  whole  number  of  nine  persons,  who  will  accept 
a  seat  in  the  Council,  the  deficiency  shall  be  made  up  by  the  electors 
aforesaid,  from  among  the  people  at  large ;  and  the  number  of  sen- 
ators left  shall  constitute  the  Senate  for  the  year.  The  seats  for  the 
persons  thus  elected  from  the  Senate,  and  accepting  the  trust,  shall 
be  vacated  in  the  Senate. 

3.  The  counselors,  in  the  civil  arrangements  of  the  commonwealth., 
shall  have  rank  next  after  the  Lieutenant-Governor. 

4.  Not  more  than  two  counselors  shall  be  chosen  out  of  any  one 
district  of  this  commonwealth. 

5.  The  resolutions  and  advice  of  the  Council  shall  be  recorded  in 
a  register,  and  signed  by  the  members  present ;  and  this  record  may 
be  called  for  at  any  time  by  either  house  of  the  Legislature  ;  and 
any  member  of  the  Council  may  insert  his  opinion,  contrary  to  the 
resolution  of  the  majority. 

6.  Whenever  the  office  of  Governor  and  Lieutenant-Governor 
shall  be  vacant,  by  reason  of  death,  absence,  or  otherwise,  then  the 
Council,  or  the  major  part  of  them,  shall,  during  such  vacancy,  have 
full  power  and  authority  to  do  and  to  execute  all  and  every  such 
acts,  matters,  and  things,  as  the  Governor,  or  Lieutenant-Governor 


IM::'' 


CONSTITUTION    QF 


might  or  could,  by  virtue  of  this  Constitution,  do  or  execute,  if  they 
or  either  of  them  were  personally  present. 

7.  And  whereas  the  elections  appointed  to  be  made  by  this  Con- 
stitution, on  the  last  Wednesday  in  May  annually,  by  the  two 
houses  of  the  Legislature,  may  not  be  completed  on  that  day,  the 
said  elections  may  be  adjourned  from  day  to  day  until  the  same  shall 
be  completed.  And  the  order  of  election  shall  be  as  follows  :  the 
vacancies  in  the  Senate,  if  any,  shall  first  be  filled  up ;  the  Gov- 
.  ernor  and  Lieutenant-Governor  shall  then  be  elected,  provided  there 
shall  be  no  choice  of  them  by  the  people ;  and  afterwards  the  two 
houses  shall  proceed  to  the  election  of  the  Council. 

Section  IY. — Secretary,  Treasurer,  Commissary,  (Sfc. 

Art.  1.  The  Secretary,  Treasurer,  and  Receiver-General,  and 
the  Commissary-General,  notaries  public,  and  naval  officers,  shall  be 
chosen  annually,  by  joint  ballot  of  the  senators  and  representatives, 
in  one  room ;  and  that  the  citizens  of  this  commonwealth  may  be 
assured,  from  time  to  time,  that  the  moneys  remaining  in  the  public 
treasur}^,  upon  the  settlement  and  liquidation  of  the  public  accounts, 
are  their  property,  no  man  shall  be  eligible  as  Treasurer  and  Re- 
ceiver-General more  than  five  years  successively. 

2.  The  records  of  the  commonwealth  shall  be  kept  in  the  office 
of  the  Secretary,  who  may  appoint  his  deputies,  for  whose  conduct 
he  shall  be  accountable ;  and  he  shall  attend  the  Governor  and 
Council,  the  Senate  and  House  of  Representatives,  in  person,  or  by 
his  deputies,  as  they  shall  respectively  require. 

CHAPTER  IIL 

Judiciary  Power. 

Art.  1 .  The  tenure  that  all  commissioned  officers  shall  by  law  have 
in  their  offices,  shall  be  expressed  in  their  respective  commissions ; 
all  judicial  officers,  duly  appointed,  commissioned,  and  sworn,  shall 
hold  their  offices  during  good  behaviour  ;  excepting  such  concerning 
whom  there  is  different  provision  made  in  this  Constitution  :  Pro- 
vided, nevertheless,  the  Governor,  with  consent  of  the  Council,  may 
remove  them  upon  the  address  of  both  houses  of  the  Legislature. 

2.  Each  branch  of  the  Legislature,  as  well  as  the  Governor  and 
Council,  shall  have  authority  to  require  the  opinions  of  the  justices 
of  the  Supreme  Judicial  Court,  upon  important  questions  of  law, 
and  upon  solemn  occasions. 

3.  In  order  that  the  people  may  not  sufi'er  from  the  long  contin- 
uance in  place  of  any  justice  of  the  peace,  who  shall  fail  of  dis- 
charging the  important  duties  of  his  office  with  ability  or  fidelity, 
all  commissions  of  justices  of  the  peace  shall  expire  and  become  void 
in  the  term  of  seven  years  from  their  respective  dates ;  and  upon 
the  expiration  of  any  commission,  the  same  may,  if  necessary,  be 


MASSACHUSETTS.  103 


renewed,  or  another  person  appointed,  as  shall  most  conduce  to  the 
well-being  of  the  commonwealth. 

4.  The  judges  of  probates  of  wills,  and  for  granting  letters  of  ad- 
ministration, shall  hold  their  courts  at  such  place  or  places,  on  fixed 
days,  as  the  convenience  of  the  people  may  require :  and  the  Legis- 
lature shall,  from  time  to  time  hereafter,  appoint  such  times  and 
places  :  until  which  appointments,  the  said  courts  shall  be  holden  at 
the  times  and  places  which  the  respective  judges  shall  direct. 

5.  All  the  causes  of  marriage^  divorce,  alimony,  and  all  appeals 
from  the  judges  of  probate,  shall  be  heard  and  determined  by  the 
Governor  and  Council,  until  the  Legislature  shall,  by  law,  make 
other  provisions. 

CHAPTER  IV. 

Delegates  to  Congress. 

The  delegates  of  this  commonwealth  to  the  Congress  of  the  United 
States  shall,  some  time  in  the  month  of  June  annually,  be  elected 
by  joint  ballot  of  the  Senate  and  House  of  Representatives,  assembled 
together  in  one  room ;  to  serve  in  Congress  for  one  year,  to  com- 
mence on  the  first  Monday  in  November  then  next  ensuing.  They 
shall  have  commission  under  the  hand  of  the  Governor,  and  the 
great  seal  of  the  commonwealth  ;  but  may  be  recalled  at  any  time 
within  the  year,  and  others  chosen  and  commissioned  in  the  same 
manner,  in  their  stead. 

CHAPTER  y. 

To  tlie  University  at  Cambridge^  and  Encouragement  of  Literature^  dfc. 
Section  I. — The  University. 

Art.  1.  Whereas  our  wise  and  pious  ancestors,  so  early  as  the 
year  one  thousand  six  hundred  and  thirty-six,  laid  the  foundation  of 
Harvard  College,  in  which  university  many  persons  of  great  emi- 
nence have,  by  the  blessing  of  God,  been  initiated  into  those  arts 
and  sciences  which  qualified  them  for  public  employments  both  in 
church  and  state  :  and  whereas  the  encouragement  of  arts  and  sci- 
ences, and  all  good  literature,  tends  to  the  honor  of  God,  the  advan- 
tage of  the  Christian  religion,  and  the  great  benefit  of  this  and  the 
other  United  States  of  America,  it  is  declared  that  the  President  and 
fellows  of  Harvard  College  in  their  corporate  capacity,  and  their 
successors  in  that  capacity,  their  officers  and  servants,  shall  have, 
hold,  use,  exercise,  and  enjoy,  all  the  powers,  authorities,  rights, 
liberties,  privileges,  immunities,  and  franchises,  which  they  now 
have,  or  are  entitled  to  have,  hold,  use,  exercise,  and  enjoy  :  and  the 
same  are  hereby  ratified  and  confirmed  unto  them,  the  said  Presi- 
dent and  fellows  of  Harvard  College,  and  to  their  successors,  and  to 
their  officers  and  servants,  respectively,  forever. 

2.  And  whereas  there  have  been,  at  sundry  times,  by  divers  per- 


104  CONSTITUTION    OF 


sons,  gifts,  grants,  devises  of  houses,  lands,  tenements,  goods,  chat- 
tels, legacies,  and  conveyances,  heretofore  made,  either  to  Harvard 
College,  in  Cambridge,  in  New  England,  or  to  the  President  and 
fellows  of  Harvard  College,  or  to  the  said  College,  by  some  other 
description,  under  several  charges  successively — it  is  declared,  that 
all  the  said  gifts,  grants,  devises,  legacies,  and  conveyances,  are 
hereby  forever  confirmed  unto  the  President  and  fellows  of  Har- 
vard College,  and  to  their  successors  in  the  capacity  aforesaid, 
according  to  the  true  intent  and  meaning  of  the  donor  or  donors, 
grantor  and  grantors,  devisor  and  devisors. 

3.  And  whereas,  by  an  act  of  the  General  Court  of  the  colony  of 
Massachusetts  Bay,  passed  in  the  year  one  thousand  six  hundred 
and  forty- two,  the  Governor  and  Deputy-Governor,  for  the  time 
being,  and  all  the  magistrates  of  that  jurisdiction,  were,  with  the 
President  and  a  number'  of  the  clergy  in  the  said  act  described, 
constituted  the  overseers  of  Harvard  College :  and  it  being  neces- 
sary in  this  new  Constitution  of  government,  to  ascertain  who  shall 
be  deemed  successors  to  the  said  Governor,  Deputy-Governor,  and 
magistrates,  it  is  declared  that  the  Governor,  Lieutenant-Governor, 
Council,  and  Senate  of  this  commonwealth,  are  and  shall  be  deemed 
their  successors :  who,  with  the  President  of  Harvard  College,  for 
the  time  being,  together  with  the  ministers  of  the  Congregational 
churches  in  the  towns  of  Cambridge,  Watertown,  Charlestown,  Bos- 
ton, Roxbury,  and  Dorchester,  mentioned  in  the  said  act,  shall  be, 
and  hereby  are,  vested  with  all  the  powers  and  authority  belonging, 
or  in  any  way  appertaining  to  the  overseers  of  Harvard  College  ; 
provided,  that  nothing  herein  shall  be  construed  to  prevent  the  Le- 
gislature of  this  commonwealth  from  making  such  alterations  in  the 
government  of  the  said  university  as  shall  be  conducive  to  its  advan- 
tage, and  the  interest  of  the  republic  of  letters,  in  as  full  a  manner 
as  might  have  been  done  by  the  Legislature  of  the  late  province  of 
Massachusetts  Bay. 

Section  II. —  The  Encouragement  of  Literature. 

Wisdom  and  knowledge,  as  well  as  virtue,  diffused  generally 
among  the  body  of  the  people,  being  necessary  for  the  preservation  of 
their  rights  and  liberties,  and  as  these  depend  on  spreading  the  oppor- 
tunities and  advantages  of  education  in  the  various  parts  of  the  coun- 
try, and  among  the  diiFerent  orders  of  the  people,  it  shall  be  the  duty  of 
the  legislatures  and  magistrates,  in  all  future  periods  of  this  common- 
wealth, to  cherish  the  interest  of  literature  and  the  sciences,  and  all 
seminaries  of  them  :  especially  the  university  at  Cambridge,  public 
schools,  and  grammar  schools  in  the  towns ;  to  encourage  private 
societies  and  public  institutions,  by  rewards,  and  immunities  for  the 
promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  manufac- 
tures, and  a  natural  history  of  the  country ;  to  countenance  and  in- 
culcate the  principles  of  humanity  and  general  benevolence,  public 
and  nrivafo  -harity,  industry  and  frugality,  honesty  and  punctuality 


MASSACHUSETTS.  105 


in  all  their  dealings ;  sincerity,  good  humor,  and  all  social  affec- 
tions and  generous  sentiments  among  the  people. 

CHAPTER  VI. 

Oaths  and  subscriptions ;  incompatibility  of,  and  exclusion  from,  offices: 
pecuniary  qualifications ;  commissioris  ;  writs  ;  confirmation  of  laws  ; 
habeas  corpus ;  the  enacting  style  ;  continuance  of  officers  ;  provisiori 
for  a  future  revisal  of  the  Constitution,  tSfc. 

Art.  1.  Any  person  chosen  Governor,  or  Lieutenant-Governor, 
counselor,  senator,  or  representative,  and  accepting  the  trust,  shall, 
before  he  proceed  to  execute  the  duties  of  his  place  or  office,  take, 
make,  and  subscribe,  the  following  declaration,  viz. : 

"  I,  A.  B.,  do  declare  that  I  believe  the   Christian  religion,  and 

have  a  firm  persuasion  of  its  truth  ;  and  that  I  am  seized  and 

possessed,  in  my  own  right,  of  the  property  required  by  the 

Constitution,  as   one  qualification   for  the    office  or   place  to 

which  I  am  elected." 

And   the   Governor,  Lieutenant-Governor,  and  counselors,  shall 

make  and  subscribe  the  said  declaration  in  the  presence  of  the  two 

houses  of   assembly;    and  the  senators  and   representatives    first 

elected  under  this  Constitution,  before  the  President  and  five  of  the 

Council  of  the  former  Constitution  ;  and,  forever  afterwards,  before 

the  Governor  and  Council  for  the  time  being. 

And  every  person  chosen  to  either  of  the  offices  aforesaid,  as  also 
any  person  appointed   or  commissioned  to  any  judicial,  executive, 
military,  or  other  office,  under  the  government,  shall,  before  he  enter 
on  the  discharge  of  the  business  of  his  place  or  office,  take  and  sub- 
scribe the  following  declaration  and  oaths,  or  affirmations,  viz. : 
"I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess,  testify, 
and  declare,  that  the  commonwealth  of  Massachusetts  is,  and  of 
right  ought  to  be,  a  free,  sovereign,  and  independent  State  , 
and  I  do  swear  that  I  will  bear  true  faith  and  allegiance  to  the 
said  commonwealth,  and  that  I  will  defend  the  same  against 
traitorous  conspiracies,  and  all  hostile  attempts  whatsoever : 
and  that  I  do  renounce  and  abjure  all  allegiance,  subjection, 
and  obedience  to  the  King,  Queeri,  or  government  of  Great  Britain, 
as  the  case  may  be,  and  every  other  foreign  power  whatsoever : 
and  that  no  foreign  prince,  person,  prelate,  state,  or  potentate, 
hath,    or   ought   to   have,   any  jurisdiction,    superiority,    pre- 
eminence, authority,  dispensing  or  other  power,  in  any  matter, 
civil,  ecclesiastical,  or  spiritual,  within  this  commonwealth,  ex- 
cept the  authority  and  power  which  is  or  may  be  vested  by 
their  constituents  in  the  Congress  of  the  United  States  :    And 
I  do  further  testify  and  declare,  that  no  man  or  body  of  men 
hath  or  can  have  any  right  to  absolve  or  discharge  me  from  the 
obligation  of  this  oath,  declaration,  or  affirmation ;  and  that  I  do 
make  this  acknowledgment,  profession,  testimony,  declaration, 


106  CONSTITUTION    OF 


denial,  renunciation,  and  abjuration  heartily  and  truly,  accord- 
ing to  the  common  meaning  and  acceptation  of  the  foregoing 
words,  without  any  equivocation,  mental  evasion,  or  secret  re- 
servation whatsoever.  So  help  me  God. 
"I,  A.  B.,  do  solemnly  swear  and  affirm,  that  I  will  faithfully 
and  impartially  discharge  and  perform  all  the  duties  incumbent 

on  me  as ,  according  to  the  best  of  my  abilities 

and  understanding,  agreeably  to  the  rules  and  regulations  of 

the    Constitution,   and   the  laws  of  this  commonwealth.      So 

help  me  God.'^ 

Provided  alwa3^s^  that  when  any  person  chosen  or  appointed  as 

aforesaid  shall  be  of  the  denomination  of  the  people  called  Quakers, 

and  shall  decline  taking  the  said  oaths,  he  shall  make  his  affirmation, 

in  the  foregoing  form,  and  subscribe  the  same,  omitting  the  words, 

^' I  do  swear^^^  '■'■and   abjure,^'   ^^  oaih,''^   '■'and  abjuration,^^   in  the  first 

oath  ;  and  in  the  second  oath,  the  words  "  swear  and^^^  and  in  each 

of  them  the  words  "50  help  me  God  ;^^  subjoining  instead  thereof, 

"  This  I  do  under  the  pains  and  penalties  of  per  jury .'''' 

And  the  said  oaths  or  affirmations  shall  be  taken  and  subscri- 
bed by  the  Governor,  Lieutenant-Governor,  and  counselors,  before 
the  President  of-  the  Senate,  in  the  presence  of  the  two  houses  of 
assembly :  and  by  the  senators  and  representatives  first  elected 
under  this  Constitution,  before  the  President  and  five  of  the  Council 
of  the  former  Constitution;  and,  forever  afterwards,  before  the 
Governor  and  Council  for  the  time  being  ;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  persons  as,  from  time  to  time,  shall 
be  prescribed  by  the  Legislature. 

2.  No  Governor,  Lieutenant-Governor,  or  judge  of  the  Supreme 
Judicial  Court,  shall  hold  any  office  or  place  under  the  authority  of 
this  commonwealth,  except  such  as  by  this  Constitution  they  are 
admitted  to  hold,  saving  that  the  judges  of  the  said  Court  may  hold 
the  offices  of  justices  of  the  peace  throughout  the  State ;  nor 
shall  they  hold  any  other  place  or  office,  or  receive  any  pension  or 
salary,  from  any  other  State,  or  government,  or  power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising,  at  the  same 
time,  more  than  one  of  the  following  offices  within  this  State,  viz. 
judge  of  probate,  sheriff,  register  of  probate,  or  register  of  deeds : 
and  never  more  than  any  two  offices,  which  are  to  be  held  by  ap- 
pointment of  the  Governor,  or  the  Governor  and  Council,  or  the 
Senate,  or  the  House  of  Representatives,  or  by  election  of  the  peo- 
ple of  the  State  at  large,  or  of  the  people  of  any  county  (military 
officer  and  the  office  of  justice  of  the  peace  excepted,)  shall  be  held 
by  one  person. 

No  person  holding  the  office  of  judge  of  the  Supreme  Judicial  Court, 
Secretary,  Attorney-General,  Solicitor-General,  Treasurer,  or  Re- 
ceiver-General, judge  of  probate,  Commissary-General,  President, 
professor,  or  instructor  of  Harvard  College,  Sheriff,  Clerk  of  the 
House  of  Representatives,  register   of  probate,  register  of  deeds. 


MASSACHUSETTS.  107 


clerk  of  the  Supreme  Judicial  Court,  clerk  of  the  inferior  court  of 
common  pleas,  or  officer  of  the  customs,  (including  'in  this  descrip- 
tion naval  officers.)  shall  at  the  same  tin>e  have  a  seat  in  the  Senate 
or  House  of  Representatives ;  but,  their  being  chosen  or  appointed 
to,  and  accepting  the  same,  shall  opperate  as  a  resignation  of  their 
seat  in  the  Senate  or  House  of  Representatives  ;  and  the  place  so 
vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of  the  said 
Supreme  Judicial  Court,  or  judge  of  probate,  shall  accept  a  seat  in 
Council,  or  any  counselor  shall  accept  of  either  of  those  offices  or 
places. 

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in  the 
Legislature,  or  any  office  of  trust  or  importance  under  the  govern- 
ment of  this  commonwealth,  who  shall  in  the  due  course,  of  law 
have  been  convicted  of  bribery  or  corruption  in  obtaining  an  elec- 
tion or  appointment. 

3.  In  all  cases  where  sums  of  money  are  mentioned  in  this  Con- 
stitution, the  value  thereof  shall  be  computed  in  silver,  at  six  shil- 
lings and  eight  pence  per  ounce  :  and  it  shall  be  in  the  power  of  the 
Legislature  from  time  to  time,  to  increase  such  qualifications,  as  to 
property  of  the  persons  to  be  elected  into  offices,  as  the  circum- 
stances of  the  commonwealth  shall  require. 

4.  All  commissions  shall  be  in  the  name  of  the  commonwealth  of 
Massachusetts ;  signed  by  the  Governor,  and  attested  by  the  Secre- 
tary or  his  deputy,  and  have  the  great  seal  of  the  commonwealth 
affixed  thereto. 

5.  All  writs  issuing  out  of  the  clerk's  office,  in  any  of  the  Courts 
of  law,  shall  be  in  the  name  of  the  commonwealth  of  Massachusetts  ; 
they  shall  be  under  the  seal  of  the  Court  from  whence  they  issue  ; 
they  shall  bear  test  of  the  first  justice  of  the  Court  to  which  they 
shall  be  returnable,  (who  is  not  a  party,)  and  be  signed  by  the  clerk 
of  such  Court. 

6.  All  the  laws  which  have  heretofore  been  adopted,  used,  and 
approved  of  in  the  province,  colony,  or  State  of  Massachusetts  Bay, 
and  usually  practised  on  in  the  Courts  of  law,  shall  still  remain 
and  be  in  full  force,  until  altered  or  repealed  by  the  Legislature : 
such  parts  only  excepted  as  are  repugnant  to  the  rights  and  liberties 
contained  in  this  Constitution. 

7.  The  privilege  and  benefit  of  the  writ  of  habeas  corpus  shall 
be  enjoyed  in  this  commonwealth  in  the  most  free,  easy,  cheap,  ex- 
peditious, and  ample  manner :  and  shall  not  be  suspended  by  the 
Legislature,  except  upon  the  most  urgent  and  pressing  occasions, 
and  for  a  limited  time,  not  exceeding  twelve  months. 

8.  The  enacting  style,  in  making  and  passing  all  acts,  statutes, 
and  laws,  shall  be,  '•  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives^ in  General  Court  assembled^  and  by  the  authority  of  the 
same." 

9.  To  the  end  there  may  be  no  failure  of  justice,  or  danger  arise 


108  CONSTITUTION    OF 


to  the  commonwealtli,  from  a  change  of  the  form  of  government,  all 
officers,  civil  and  military,  holding  commissions  under  the  govern- 
ment and  people  of  Massachusetts  Bay  in  New  England,  and  all 
other  officers  of  said  government  and  people,  at  the  time  this  Con- 
stitution shall  take  effect,  shall  have,  hold,  use,  exercise,  and  enjoy, 
all  the  powers  and  authority  to  them  granted  or  comiaitted,  until 
other  persons  shall  be  appointed  in  their  stead ;  and  all  courts  of 
law  shall  proceed  in  the  execution  of  the  business  of  their  respective 
departments :  and  all  the  executive  and  legislative  officers,  bodies, 
and  powers,  shall  continue  in  full  force  in  the  enjoyment  and  exer- 
cise of  all  their  trusts,  employments,  and  authority,  until  the  Gene- 
ral Court,  and  the  Supreme  and  executive  officers,  under  this  Con- 
stitution, are  designated  and  invested  with  their  respective  trusts, 
powers,  and  authority. 

10.  In  order  the  more  effectually  to  adhere  to  the  principles  of 
the  Constitution,  and  correct  those  violations  which  by  any  means 
may  be  made  therein,  as  well  as  to  form  such  alterations  as  from  ex- 
perience shall  be  found  necessary,  the  General  Court  which  shall  be 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety-five, 
shall  issue  precepts  to  the  selectmen  of  the  several  towns,  and  to  the 
assessors  of  the  unincorporated  plantations,  directing  them  to  con- 
vene the  qualified  voters  of  their  respective  towns  and  plantations, 
for  the  purpose  of  collecting  their  sentiments  on  the  necessity  or 
expediency  of  revising  the  Constitution,  in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-thirds  of 
the  qualified  voters  throughout  the  State,  who  shall  assemble  and 
vote  in  consequence  of  the  said  precepts,  are  in  favor  of  such  revi- 
sion or  amendment,  the  General  Court  shall  issue  precepts,  or  direct 
them  to  be  issued  from  the  Secretary's  office,  to  the  several  towns,  to 
elect  delegates  to  meet  in  convention,  for  the  purpose  aforesaid. 

The  said  delegates  to  be  chosen  in  the  same  manner  and  proportion, 
as  their  representatives  in  the  second  branch  of  the  Legislature  are 
by  this  Constitution  to  be  chosen. 

1 1.  This  form  of  government  shall  be  enrolled  on  parchment,  and 
deposited  in  the  Secretary's  office,  and  be  a  part  of  the  laws  of  the 
land :  and  printed  copies  thereof  shall  be  prefixed  to  the  book  con- 
taining the  laws  of  this  commonwealth,  in  all  future  editions  of  the 
said  laws. 


AMENDMENTS  TO  THE  CONSTITUTION, 

Atit.  1.  If  any  bill  or  resolve  shall  be  objected  to,  and  not  ap- 
proved of  by  the  Governor ;  and  if  the  General  Court  shall  adjourn 
within  five  days  after  the  same  shall  have  been  laid  before  the  Gov- 
ernor for  his  approbation,  and  thereby  prevent  his  returning  it,  with 
his  objections,  as  provided  by  the  Constitution  ;  such  bill  or  resolve 
shall  not  become  a  law,  nor  have  force  as  such. 


MASSACHUSETTS.  109 


2.  The  General  Court  shall  have  full  power  and  authority  to  erect 
or  constitute  municipal  or  city  governments  in  any  corporate  town 
or  towns,  in  this  commonwealth,  and  to  ■  grant  to  the  inhabitants 
thereof  such  powers,  privileges,  and  immunities,  not  repugnant  to  the 
Constitution,  as  the  General  Court  shall  deem  necessary  or  expedi- 
ent for  the  regulation  and  government  thereof,  and  to  prescribe  the 
manner  of  calling  and  holding  public  meetings  of  the  inhabitants 
in  wards,  or  otherwise,  for  tlie  election  of  officers,  under  the  Consti- 
tution, and  the  manner  of  returning  the  votes  given  at  such  meet- 
ings :  provided,  that  no  such  government  shall  be  erected  or  consti- 
tuted in  any  town  not  containing  twelve  thousand  inhabitants,  nor 
unless  it  be  with  the  consent,  and  on  the  application  of  a  majority 
of  the  inhabitants  of  such  town,  present,  and  voting  thereon,  pursu- 
ant to  a  vote  at  a  meeting  duly  warned  and  holdenfor  that  purpose  : 
and  provided,  also,  that  all  by-laws,  made  by  such  municipal  or  city 
government,  shall  be  subject,  at  all  times,  to  be  annulled  by  the 
General  Court. 

3.  Every  male  citizen  of  twenty-one  years  of  age,  and  upwards, 
(excepting  paupers  and  persons  under  guardianship,)  who  shall  have 
resided  within  the  commonwealth  one  year,  and  within  the  town  or 
district,  in  which  he  may  claim  a  right  to  vote,  six  calendar  months 
next  preceding  any  election  of  Governor,  Lieutenant-Governor, 
senators,  representatives,  and  who  shall  have  paid,  by  himself  or 
his  parent,  master  or  guardian,  any  State  or  county  tax,  which  shall, 
within  two  years  next  preceding  such  election,  have  been  assessed 
upon  him,  in  any  town  or  district  of  this  commonwealth :  arid  also 
every  citizen,  who  shall  be  by  law  exempt  from  taxation,  and  who 
shall  be  in  all  other  respects  qualified  as  above  mentioned,  shall 
have  a  right  to  vote  in  such  election  of  Governor,  and  Lieutenant- 
Governor,  senators,  and  representatives ;  and  no  other  person  shall 
be  entitled  to  a  vote  in  such  election. 

4.  Notaries  public  shall  be  appointed  by  the  Governor,  in  the 
same  manner  as  judicial  officers  are  appointed,  and  shall  hold  their 
offices  during  seven  years,  unless  sooner  removed  by  the  Governor, 
with  the  consent  of  the  Council,  and  upon  the  address  of  both 
houses  of  the  Legislature. 

In  case  the  office  of  Secretary  or  Treasurer  of  the  commonwealth 
shall  become  vacant  from  any  cause,  during  the  recess  of  the  Gene- 
ral Court,  the  Governor,  with  the  consent  of  the  Council,  shall  nomi- 
nate and  appoint,  under  such  regulations  as  may  be  prescribed  by 
law,  a  competent  and  suitable  person  to  such  vacant  offices,  who 
shall  hold  the  same  until  a  successor  shall  be  appointed  by  the 
General  Court. 

Whenever  the  exigencies  of  the  commonwealth  shall  require  the 
appointment  of  a  Commissary-General,  he  shall  be  nominated,  ap- 
pointed, and  commissioned,  in  such  manner  as  the  Legislature  may 
by  law  prescribe. 

All  officers  commissioned  to  command  in  the  militia,  may  be  re- 


110  CONSTITUTION    OF 


moved  from  office  in  such  manner  as  the  Legislature  may  by  law- 
prescribe. 

5.  In  tlie  election  of  captains  and  subalterns  of  the  militia,  all  the 
members  of  their  respective  companies,  as  well  those  under  as  those 
above  the  age  of  twenty-one  years,  shall  have  a  right  to  vote. 

6.  Instead  of  the  oath  of  allegiance,  prescribed  by  the  Constitu- 
tion, the  following  oath  shall  be  taken  and  subscribed*  by  every  per- 
son chosen  or  appointed  to  any  office,  civil  or  military,  under  the 
government  of  this  commonw^ealth,  before  he  shall  enter  upon  the 
duties  of  his  office,  to  wit : 

"  I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true  faith  and  alle- 
giance to  the  commonwealth  of  Massachusetts,  and  will  support  the 
Constitution  thereof     So  help  me  God." 

Provided,  that  when  any  person  shall  be  of  the  denomination 
called  Quakers,  and  shall  decline  taking  said  oath,  he  shall  make 
his  affirmation  in  the '  foregoing  form,  omitting  the  word  "  swear," 
and  inserting,  instead  thereof,  the  word  "  affirm,"  and  omitting  the 
words  "  so  help  me  Grod,"  and  subjoining,  instead  thereof,  the  words 
"  this  I  do  under  the  pains  and  penalties  of  perjury."       • 

7.  No  oath,  declaration,  or  subscription,  excepting  the  oath  pre- 
scribed in  the  preceding  article  and  the  oath  of  office,  shall  be  re- 
quired of  the  Grovernor,  Lieutenant-Grovernor,  counselors,  senators, 
or  representatives,  to  qualify  them  to  perform  the  duties  of  their 
respective  offices. 

8.  No  judge  of  any  court  of  this  commonwealth,  (except  the  Court 
of  Sessions,)  and  no  person  holding  any  office  under  the  authority 
of  the  United  States,  (postmasters  excepted,)  shall,  at  the  same 
time,  hold  the  office  of  Grovernor,  Lieutenant-Governor,  or  coun- 
selor, or  have  a  seat  in  the  Senate  or  House  of  Representatives  of 
this  commonwealth ;  and  no  judge  of  any  court  of  this  common- 
wealth, (except  the  Court  of  Sessions,)  nor  the  Attorney-General, 
Solicitor-General,  county  attorney,  clerk  of  any  court,  sheriff,  treas- 
urer, and  receiver-general,  register  of  probate,  nor  register  of  deeds, 
shall  continue  to  hold  his  said  office  after  being  elected  a  member 
of  the  Congress  of  the  United  States,  and  accepting  that  trust ;  but 
the  acceptance  of  such  trust,  by  any  of  the  officers  aforesaid,  shall 
be  deemed  and  taken  to  be  a  resignation  of  his  said  office  ;  and 
judges  of  the  courts  of  common  pleas  shall  hold  no  other  office  under 
the  government  of  this  commonwealth,  the  office  of  the  justice  of  the 
peace  and  militia  officers  excepted. 

9.  If,  at  any  time  hereafter,  any  specific  and  particular  amend- 
ment or  amendments  to  the  Constitution  be  proposed  in  the  Gene- 
ral Court,  and  agreed  to  by  a  majority  of  the  senators,  and  two- 
thirds  of  the  members  of  the  House  of  Representatives  present  and 
voting  thereon,  such  proposed  amendment  or  amendments  shall  be 
entered  on  the  journals  of  the  two  houses,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  General  Court  then  next  to  be 
chosen,  and  shall  be  published  ;  and  if,  in  the  General  Court  then 


MASSACHUSETTS.  Ill 


next  chosen,  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  the  senators  and  two-thirds  of 
the  members  of  the  House  of  Representatives  present  and  voting 
thereon  ;  then  it  shall  be  the  duty  of  the  General  Gourt  to  submit 
such  proposed  amendment  or  amendments  to  the  people  ;  and  if 
they  shall  be  approved  and  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon,  at  meetings  legally  warned  and  liolden  for 
that  purpose,  they  shall  become  part  of  the  Constitution  of  this  com- 
monwealth. 


Article  of  Amendment  adopted  March  24,  1837,  as  the  I2th  Article 
of  the  Constitution. 

In  order  to  provide  for  a  representation  of  the  citizens  of  this 
commonwealth,  founded  upon  the  principles  of  equality,  a  census  of 
the  ratable  polls  in  each  city,  town,  and  district  of  the  common- 
wealth, on  the  first  day  of  May,  shall  be  taken  and  returned  into 
the  Secretary's  office,  in  such  manner  as  the  Legislature  shall  pro- 
vide, within  the  month  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-seven,  and  in  every  tenth  year  thereafter 
in  the  month  of  May,  in  manner  aforesaid ;  and  each  town  or  city 
having  three  hundred  ratable  polls  at  the  last  preceding  decennial 
census  of  polls,  may  elect  one  representative,  and  for  every  four 
hundred  and  fifty  ratable  polls  in  addition  to  the  first  three  hun- 
dred, one  representative  more. 

Any  town  having  less  than  three  hundred  ratable  polls,  shall  be 
represented  thus :  the  whole  number  of  ratable  polls,  at  the  last  pre- 
ceding decennial  census  of  polls,  shall  be  multiplied  by  ten,  and  the 
product  divided  by  three  hundred,  and  such  town  may  elect  one 
representative  as  many  years  within  ten  years  as  three  hundred  is 
contained  in  the  product  aforesaid. 

Any  city  or  town  having  ratable  polls  enough  to  elect  one  or 
more  representatives,  with  any  number  of  polls  beyond  the  neces- 
sary number,  may  be  represented  as  to  that  surplus  number  by  mul- 
tiplying such  surplus  number  by  ten,  and  dividing  the  product  by 
four  hundred  and  fifty ;  and  such  city  or  town  may  elect  one  ad- 
ditional representative  as  many  years  within  the  ten  years  as  four 
hundred  and  fifty  is  contained  in  the  product  aforesaid. 

Any  two  or  more  of  the  several  towns  and  districts  may,  by  con- 
sent of  a  majority  of  the  legal  voters  present  at  a  legal  meeting  in 
each  of  said  towns  and  districts  respectively,  called  for  that  purpose 
and  held  previous  to  the  first  day  of  July,  in  the  year  in  which  the 
decennial  census  of  polls  shall  be  taken,  form  themselves  into  a 
representative  district,  to  continue  until  the  next  decennial  census 
of  polls,  for  the  election  of  a  representative  or  representatives  ;  and 
such  district  shall  have  all  the  rights,  in  regard  to  representation, 
which  would  belong  to  a  town  containing  the  same  number  of  rata- 
ble poUs. 


112  CONSTITUTION    OF 


The  Governor  and  Council  shall  ascertain  and  determine,  within 
the  months  of  July  and  August,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty-seven,  according  to  the  foregoing 
principles,  the  number  of  representatives  which  each  cit}^  town  and 
representative  district  is  entitled  to  elect,  and  the  number  of  years 
within  the  period  of  ten  years  then  next  ensuing,  tliat  each  city, 
town  and  representative  district  may  elect  an  additional  representa- 
tive ;  and  where  any  town  has  not  a  sufficient  number  of  polls  to 
elect  a  representative  each  year,  then  how  many  years  within  the 
ten  years  such  town  may  elect  a  representative  ;  and  the  same  shall 
be  done  once  in  ten  years  thereafter,  by  the  Governor  and  Council, 
and  the  number  of  ratable  polls  in  each  decennial  census  of  polls, 
shall  determine  the  number  of  representatives  which  each  city,  town 
and  representative  district  may  elect  as  aforesaid ;  and  when  the 
number  of  representatives,  to  be  elected  by  each  city,  town  or  repre- 
sentative district,  is  ascertained  or  determined  as  aforesaid,  the  Gov- 
ernor shall  cause  the  same  to  be  published  forthwith  for  the  infor- 
mation of  the  people,  and  that  number  shall  remain  fixed  and  un- 
alterable for  the  period  of  ten  years. 

All  the  provisions  of  the  existing  Constitution,  inconsistent  with 
the  provisions  herein  contained,  are  hereby  wholly  annulled. 


Article  of  Amendment^  adopted  April  I7tk,  1840,  as  the  ISth  Article  of 
the  Constitution. 

A  census  of  the  inhabitants  of  each  city  and  town,  on  the  first  day 
of  May,  shall  be  taken,  and  returned  into  the  Seocetary's  office,  on 
or  before  the  last  day  of  June,  of  the  year  one  thousand  eight  hun- 
dred and  forty,  and  of  every  tenth  year  thereafter,  which  census 
shall  determine  the  apportionment  of  senators  and  representatives 
for  the  term  of  ten  years. 

The  several  senatorial  districts  now  existing,  shall  be  permanent. 
The  Senate  shall  consist  of  forty  members  ;  and  in  the  year  one 
thousand  eight  hundred  and  forty,  and  every  tenth  year  thereafter, 
the  Governor  and  Council  shall  assign  the  number  of  senators  to  be 
chosen  in  each  district,  according  to  the  number  of  inliabitants  in 
the  same.  But,  in  all  cases,  at  least  one  senator  shall  be  assigned 
to  each  district. 

The  members  of  the  House  of  Representatives  shall  be  appor- 
tioned in  the  following  manner :  every  town  or  city  containing 
twelve  hundred  inhabitants,  may  elect  one  representative  ;  and  two 
thousand  four  hundred  inhabitants  shall  be  the  mean  increasing 
number  which  shall  entitle  it  to  an  additional  representative. 

Every  town  containing  less  than  twelve  hundred  inhabitants,  shall 
be  entitled  to  elect  a  representative  as  many  times,  within  ten  years, 
as  the  number  one  hundred  and  sixty  is  contained  in  the  number  of 
the  inhabitants  of  said  town. 

Such  towns  may  also  elect  one  representative  for  the  year  in 


MASSACHUSETTS.  113 

which  the  valuation  of  estates  within  the  Commonwealth  shall  be 
settled. 

Any  two  or  more  of  the  several  towns  may,  by  consent  of  a  ma- 
jority of  the  legal  voters  present  at  a  legal  meeting,  va.  each  of  said 
towns  respectively,  called  for  that  purpose,  and  held  before  the  first 
day  of  August,  in  the  year  one  thousand  eight  hundred  and  forty. 
and  every  tenth  year  thereafter,  form  themselves  into  a  representa- 
tive district,  to  continue  for  the  term  of  ten  years  ;  and  such  district 
shall  have  all  the  rights,  in  regard  to  representation,  which  would 
belong  to  a  town  containing  the  same  number  of  inhabitants. 

The  number  of  inhabitoliticH'j^^i^b.sbjo^gntitle  a  town  to  elect  one 
representative,  and  the  nstitutions  of  goversaber  which  shall  entitle 
a  town  or  city  to  elect  mtime  exists,  till  chaio  the  number  by  which 
the  population  of  towns,  ie  people,  is  sacredlyesentative  every^  year, 
is  to  be  divided,  shall  be  iits  are  instituted  for7,  by  one  tenth  of  the 
numbers  above  mentioned,iple.  All  laws,  theration  of  the  common- 
wealth shall  have  increasea  and  the  burdens  ojud  seventy  thousand, 
and  for  every  additional  in*t  citizens.  thousand  inhabitants, 

the  same  addition  of  one  ten>cl  hath  createdde,  respectively,  to  the 
said  numbers  above  mentionea.iporal  puni? 

In  the  year  of  each  decenniai'-^et  ha'  the  Governor  and  Council 
shall,  before  the  first  day  of  September,  apportion  the  number  of 
representatives  which  each  city,  town  and  representative  district  is 
entitled  to  elect,  and  ascertain  how  many  years,  within  ten  years, 
any  town  may  elect  a  representative,  which  is  not  entitled  to  elect 
one  every  year ;  and  the  Grovernor  shall  cause  the  same  to  be  pub- 
lished forthwith. 

Nine  counselors  shall  be  annually  chosen  from  among  the  people 
at  large,  on  the  first  Wednesday  of  January,  or  as  soon  thereafter  as 
may  be,  by  the  joint  ballot  of  the  senators  and  representatives  as- 
sembled in  one  room,  who  shall,  as  soon  as  may  be,  in  like  manner, 
fill  up  any  vacancies  that  may  happen  in  the  Council,  by  death,  re- 
signation, or  otherwise.  No  person  shall  be  elected  a  counselor, 
who  has  not  been  an  inhabitant  of  this  commonwealth  for  the  term 
of  five  years  immediately  preceding  his  election  ;  and  not  more  than 
one  counselor  shall  be  chosen  from  any  one  senatorial  district  in  the 
commonwealth. 

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  be  re- 
quired as  a  qualification  for  holding  a  seat  in  either  branch  of  the 
Greneral  Court,  or  in  the  Executive  Council. 


RHODE  ISLAND. 


This  is  the  smallest  State  in  the  union.  Its  resources  are  greater,  in  pro- 
portion to  its  inhabitants,  than  any  other  State.  The  first  settlement  was  at 
Providence,  in  1643,  by  Roger  Williams,  and  his  associates,  who  were  ban- 
ished from  Massachusetts  on  account  of  their  views  of  religious  toleration. 
(See  Gammers  Life  of  Roger  Williams,  published  by  Gould,  Kendall  <^  Ldncoln, 
Boston,  1846.)  This  State  embraces  what  were  "once  the  Rhode  Island  and 
Providence  plantations.  In  1643,  Mr.  Williams  went  to  England,  and  obtained 
a  patent  from  the  Plymouth  Colony,  by  which  the  two  plantations  were  united 
under  one  government.  In  1663,  upon  the  restoration  of  Charles  II.  to  the 
throne,  a  new  charter  was  granted,  which  formed  the  basis  of  government  till 
1842,  when  the  present  Constitution  was  adopted.  Thus,  for  almost  two  cen- 
turies, was  Rhode  Island  without  a  written  Constitution — showing  to  the 
world  what  a  self-governed  people  may  do. 

Area,  1,360  sq.  m.    Population,  in  1850,  147,544. 


CONSTITUTION 

Raiified  by  the  Vote  of  the  People,  Nov.  21,  22,  and  23,  1842. 

We,  the  people  of  the  State  of  Rhode  Island  and  Providence 
Plantations,  grateful  to  Almighty  God  for  the  civil  and  religious 
liberty  which  He  hath  so  long  permitted  us  to  enjoy,  and  looking  to 
Him  for  a  blessing  upon  our  endeavors  to  secure  and  to  transmit 
the  same,  unimpaired,  to  succeeding  generations,  do  ordain  and  es- 
tablish this  Constitution  of  Government. 


RHODE    ISLAND.  115 


ARTICLE    I. 

Declaration  of  certain  Constitutional  Rights  and  Principles. 

In  order  effectually  to  secure  the  religious  and  political  freedom 
established  by  our  venerated  ancestors,  and  to  preserve  the  same  for 
our  posterity,  we  do  declare  that  the  essential  and  unquestionable 
rights  and  principles  hereinafter  mentioned,  shall  be  established, 
maintained,  and  preserved,  and  shall  be  of  paramount  obligation  in 
all  legislative,  judicial  and  executive  proceedings. 

Sec.  1.  In  the  words  of  the  Father  of  his  Countr}^,  we  declare, 
that  '•  the  basis  of  our  political  systems  is  the  right  of  the  people  to 
make  and  alter  their  constitutions  of  government ;  but  that  the  Con- 
stitution which  at  any  time  exists,  till  changed  by  an  explicit  ^nd 
authentic  act  of  the  whole  people,  is  sacredly  obligatory  upon  all." 

2.  All  free  governments  are  instituted  for  the  protection,  safety, 
and  happiness  of  the  people.  All  laws,  therefore,  should  be  made 
for  the  good  of  the  whole ;  and  the  burdens  of  the  State  ought  to  be 
fairly  distributed  among  its  citizens. 

3.  Whereas,  Almighty  God  hath  created  the  mind  free  ;  and  all 
attempts  to  influence  it  by  temporal  punishments  or  burthens,  or  by 
civil  incapacitations,  tend  to  beget  habits  of  hypocrisy  and  mean- 
ness •  and  whereas  a  principal  object  of  our  venerated  ancestors,  in 
their  migration  to  this  country  and  their  settlement  of  this  State, 
was,  as  they  expressed  it,  to  holtl  forth  a  lively  experiment  that  a 
flourishing  civil  State  may  stand  and  be  best  maintained  with  full 
liberty  in  religious  concernments :  we,  therefore,  declare,  that  no 
man  shall  be  compelled  to  frequent  or  to  support  any  religious  wor- 
ship, place  or  ministry  whatever,  except  in  fulfilment  of  his  own 
voluntary  contract ;  nor  enforced,  restrained,  molested  or  burthened 
in  his  body  or  goods  ;  nor  disqualified  from  holding  any  office  ;  nor 
otherwise  suffer  on  account  of  his  religious  belief:  and  that  every 
man  shall  be  free  to  worship  God  according  to  the  dictates  of  his 
own  conscience,  and  to  profess  and  by  argument  to  maintain  his 
opinion  in  matters  of  religion ;  and  that  the  same  shall  in  lio  wise 
diminish,  enlarge  or  affect  his  civil  capacity. 

4.  Slavery  shall  not  be  permitted  in  this  State. 

5.  Every  person  within  this  State  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he 
may  receive  in  his  person,  property  or  character.  He  ought  to  ob- 
tain right  and  justice  freely,  and  without  purchase,  completely  and 
without  denial ;  promptly  and  without  delay ;  conformably  to  the 
laws. 

6.  The  right' of  the  people  to  be  secure  in  their  persons,  papers, 
and  possessions,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated ;  and  no  warrant  shall  issue,  but  on  complaint  in 
writing,  upon  probable  cause,  supported  by  oath  or  affirmation,  and 
describing,  as  nearly  as  may  be,  the  place  to  be  searched  and  the 
persons  or  things  to  be  seized. 


116  CONSTITUTION    OF 


7.  No  person  shall  be  held  to  answer  for  a  capital  or  other  infa- 
mous crime,  unless  on  presentment  or  indictment  by  a  grand  jury, 
except  in  cases  of  impeachment,  or  of  such  offences  as  are  cogniza- 
ble by  a  justice  of  the  peace  ;  or  in  cases  arising  in  the  land  or 
naval  forces,  or  in  the  militia,  when  in  actual  service  in  time  of  war 
or  public  danger.  No  person  shall,  after  an  acquittal,  be  tried  for 
the  same  offence. 

8.  Excessive  hail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted ;  and  all  punishments  ought 
to  be  proportioned  to  the  offence. 

9.  All  persons  imprisoned  ought  to  -be  bailed  by  sufficient  surety, 
unless  for  offences  punishable  by  death  or  by  imprisonment  for  life, 
when  the  proof  of  guilt  is  evident,  or  the  presumption  great.  The 
privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  shall  require 
it ;  nor  ever  without  the  authority  of  the  General  Assembly. 

10.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  ;  to  be  informed 
of  the  nature  and  cause  of  the  accusation,  to  be  confronted  with  the 
witnesses  against  him,  to  have  compulsory  process  for  obtaining 
them  in  his  favor,  to  have  the  assistance  of  counsel  in  his  defence, 
and  shall  be  at  liberty  to  speak  for  himself;  nor  shall  he  be  deprived 

/of  life,  liberty,  or  property,  unless  by  the  judgment  of  his  peers,  or 

/  the  law  of  the  land. 

(  11.  The  person  of  a  debtor,  when  there  is  not  strong  presumption 
of  fraud,  ought  not  to  be  continued  in  prison,  after  he  shall  have 
delivered  up  his*  property  for  the  benefit  of  his  creditors,  in  such 
manner  as  shall  be  prescribed  by  law. 

12.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts, shall  be  passed. 

13.  No  man  in  a  court  of  common  law  shall  be  compelled  to  give 
evidence  criminating  himself 

14.  Every  man  being  presumed  innocent,  until  he  is  pronounced 
guilty  by  the  law,  no  act  of  severity  which  is  not  necessary  to  secure 
an  accused  person,  shall  be  permitted. 

15.  The  right  of  trial  by  jury  shall  remain  inviolate. 

16.  Private  property  shall  not  be  taken  for  public  uses,  without 
just  compensation. 

17.  The  people  shall  continue  to  enjoy  and  freely  exercise  all  the 
rights  of  fishery,  and  the  privileges  of  the  shore,  to  which  they  have 
been  heretofore  entitled  under  the  charter  and  usages  of  this  State. 
But  no  new  right  is  intended  to  be  granted,  nor  any  existing  right 
impaired  by  this  declaration. 

18.  The  military  shall  be  held  in  strict  subordination  to  the  civil 
authority.  And  the  law  martial  shall  be  used  and  exercised  in 
such  cases  only  as  occasion  shall  necessarily  require. 

19.  No  soldier  shall  be  quartered  in  any  house,  in  time  of  peace, 


RHODE    ISLAND.  117 


without  the  consent  of  the  owner ;  nor,  in  time  of  war,  but  in  man- 
ner to  be  prescribed  by  law. 

20.  The  liberty  of  the  press  being  essential  to  the  security  of  free- 
dom in  a  state,  any  person  may  publish  his  sentiments  on  any  sub- 
ject, being  responsible  for  the  abuse  of  that  liberty ;  and  in  all  trials 
for  libel,  both  civil  and  criminal,  the  truth,  unless  published  from 
malicious  motives,  shall  be  sufficient  defense  to  the  person  charged. 

21.  The  citizens  have  a  right  in  a  peaceable  manner  to  assemble 
for  their  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government,  for  redress  of  grievances,  or  for  other  pur- 
poses, by  petition,  address,  or  remonstrance. 

22.  The  right  of  the  people  to  keep  and  bear  arms,  shall  not  be 
infringed. 

23.  The  enumeration  of  the  foregoing  rights  shall  not  be  con- 
strued to  impair  or  deny  others  retained  by  the  people. 

ARTICLE    II. 

Of  the  Qualification  of  Electors. 

Sec.  1.  Every  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  who  has  had  his  residence  and  home  in  this  State 
for  one  year,  and  in  the  town  or  city  in  which  he  may  claim  a  right  to 
vote,  six  months  next  preceding  the  time  of  voting,  and  who  is  really 
and  truly  possessed  in  his  own  right  of  real  estate  in  such  town  or 
city  of  the  value  of  one  hundred  and  thirty-four  dollars  over  and 
above  all  incumbrances,  or  which  shall  rent  for  seven  dollars  per 
annum  over  and  above  any  rent  reserved  or 'the  interest  of  any  in- 
cumbrances thereon,  being  an  estate  in  fee  simple,  fee  tail,  for  the 
life  of  any  person,  or  an  estate  in  reversion  or  remainder,  which 
qualifies  no  other  person  to  vote,  the  conveyance  of  which  estate,  if 
by  deed,  shall  have  been  recorded  at  least  ninety  days,  shall  there- 
after have  a  right  to  vote  in  the  election  of  all  civil  officers,  and  on  all 
questions  in  all  legal  town  or  ward  meetings  so  long  as  he  continues 
so  qualified.  And  if  any  person  hereinbefore  described  shall  own 
any  such  estate  within  this  State  out  of  the  town  or  city  in  which 
he  resides,  he  shall  have  a  right  to  vote  in  the  election  of  all  general 
officers  and  members  of  the  General  Assembly  in  the  town  or  city  in 
which  he  shall  have  had  his  residence  and  home  for  the  term  of  six 
months  next  preceding  the  election,  upon  producing  a  certificate 
from  the  clerk  of  the  town  or  city  in  which  his  estate  lies,  bearing 
date  within  ten  days  of  the  time  of  his  voting,  setting  forth  that 
such  person  has  a  sufficient  estate  therein  to  qualify  him  as  a  voter  ; 
and  that  the  deed,  if  any,  has  been  recorded  ninety  days. 

2.  Every  male  native  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  who  has  had  his  residence  and  home  in  this  State 
two  years  and  in  the  town  or  city  in  which  he  may  offer  to  vote,  six 
months  next  preceding  the  time  of  voting,  whose  name  is  registered 
pursuant  to  the  act  calling  the  convention  to  frame  this  Constitu- 


118  CONSTITUTION    OF 


tion,  or  shall  be  registered  in  the  office  of  the  clerk  of  such  town  or 
city  at  least  seven  days  before  the  time  he  shall  oiFer  to  vote,  and 
before  the  last  day  of  December  in  the  present  year  ;  and  who  has 
paid  or  shall  pay  a  tax  or  taxes  assessed  upon  his  estate  within  this 
State  and  within  a  year  of  the  time  of  voting  to  the  amount  of  one 
dollar,  or  who  shall  voluntarily  pay  at  least  seven  days  before  the 
time  he  shall  offer  to  vote,  and  before  said  last  day  of  December,  to 
the  clerk  or  treasurer  of  the  town  or  city  where  he  resides,  the  sum 
of  one  dollar,  or  such  sum  as  with  his  other  taxes,  shall  amount  to 
one  dollar,  for  the  support  of  public  schools  therein,  and  shall  make 
proof  of  the  same,  by  the  certificate  of  the  clerk,  treasurer  or  collec- 
tor of  any  town  or  city  where  such  payment  is  made  :  or,  who  being 
so  registered,  has  been  enrolled  in  any  military  company  in  this 
State,  and  done  military,  service  or  duty  therein,  within  the  present 
year,  pursuant  to  law,  and  shall,  (until  other  proof  is  required  by 
law,)  prove  by  the  certificate  of  the  officer  legally  commanding  the 
regiment,  or  chartered,  or  legally  authorized  volunteer  company  in 
which  he  may  have  served  or  done  duty,  that  he  has  been  equipped 
and  done  duty  according  to  law,  or  by  the  certificate  of  the  commis- 
sioners upon  military  claims,  that  he  has  performed  military  service, 
shall  have  a  right  to  vote  in  the  election  of  all  civil  officers,  and  on' 
all  questions  in  all  legally  organized  town  or  ward  meetings,  until 
the  end  of  the  first  year  after  the  adoption  of  this  Constitution,  or 
until  the  end  of  the  year  eighteen  hundred  and  forty-three. 

From  and  after  that  time,  every  such  citizen  who  has  had  the  resi- 
dence herein  required,  and  whose  name  shall  be  registered  in  the 
town  where  he  resides,  on  or  before  the  last  day  of  December,  in  the 
year  next  preceding  the  time  of  his  voting,  and  who  shall  show  by 
legal  proof,  that  he  has  for  and  within  the  year  next  preceding  the 
time  he  shall  offer  to  vote,  paid  a  tax  or  taxes  assessed  against  him 
in  any  town  or  city  in  this  State,  to  the  amount  of  one  dollar,  or 
that  he  has  been  enrolled  in  a  military  company  in  this  State,  been 
equipped  and  done  duty  therein,  according  to  law,  and  at  least,  for 
one  day  during  such  year,  shall  have  a  right  to  vote  in  the  election 
of  all  civil  officers,  and  on  all  questions  in  all  legally  organized  town 
or  ward  meetings  :  Provided,  that  no  person  shall  at  any  time  be 
allowed  to  vote  in  the  election  of  the  city  Council  of  the  city  of 
Providence,  or  upon  any  proposition  to  impose  a  tax,  or  for  the  ex- 
penditure of  money  in  any  town  or  city,  unless  he  shall  within  the 
year  next  preceding,  have  paid  a  tax,  assessed  upon  his  property 
therein,  valued  at  least  at  one  hundred  and  thirty-four  dollars. 

3.  The  assessors  of  each  town  or  city,  shall  annually  assess  upon 
every  person  whose  name  shall  be  registered,  a  tax  of  one  dollar,  or 
such  sum  as  with  his  other  taxes,  shall  amount  to  one  dollar,  which 
registry  tax  shall  be  paid  into  the  treasury  of  such  town  or  city,  and 
be  applied  to  the  support  of  public  schools  therein  :  But  no  com- 
pulsory process  shall  issue  for  the  collection  of  any  registry  tax : 
Provided,  that  the  registry  tax  of  every  person  who  has  performed 


RHODE    ISLAND.  119 


military  duty  according  to  tlie  provisions  of  the  preceding  section, 
shall  be  remitted  for  the  year  he  shall  perform  such  duty  ;  and  the 
registry  tax  assessed  upon  any  mariner,  for  any  year  while  he  is  at 
sea,  shall,.upon  his  application,  be  remitted  ;  and  no  person  shall  be 
allowed  to  vote  whose  registry  tax  for  either  of  the  two  years  next 
preceding  the  time  of  voting  is  not  paid  or  remitted  as  herein  pro- 
vided. 

4.  No  person  in  the  military,  naval,  marine,  or  any  other  service 
of  the  United  States,  shall  be  considered  as  having  the  required  res- 
idence by  reason  of  being  employed  in  any  garrison,  barrack  or 
military  or  naval  station  in  this  State  :  and  no  pauper,  lunatic,  per- 
son non  compos  mentis,  person  under  guardianship,  or  members  of 
the  Narragansett  tribe  of  Indians,  shall  be  permitted  to  be  registered 
or  to  vote.  Nor  shall  any  person  convicted  of  bribery  or  of  any 
crime  deemed  infamous  at  common  law,  be  permitted  to  exercise 
that  privilege,  until  he  be  expressly  restored  thereto  by  act  of  the 
General  Assembly. 

5.  Persons  residing  on  lands  ceded  by  this  State  to  the  United 
States,  shall  not  be  entitled  to  exercise  the  privilege  of  electors. 

6.  The  Greneral  Assembly  shall  have  full  power  to  provide  for  a 
registry  of  voters,  to  prescribe  the  manner  of  conducting  the  elec- 
tions, the  form  of  certificates,  the  nature  of  the  evidence  to  be  re- 
quired in  case  of  a  dispute  as  to  the  right  of  any  person  to  vote*  and 
generally  to  enact  all  laws  necessary  to  carry  this  article  into  effect, 
and  to  prevent  abuse,  corruption,  and  fraud  in  voting. 

ARTICLE  111.— Of  the  Distribution  of  Powers. 

The  powers  of  the  government  shall  be  distributed  into  three  de- 
partments ;  the  Legislative,  Executive,  and  Judicial. 

ARTICLE  lY.—Ofthe  Legislative  Power. 

Sec.  1.  This  Constitution  shall  be  the  supreme  law  of  the  State, 
and  any  law  inconsistent  therewith  shall  be  void.  The  Greneral 
Assembly  shall  pass  all  laws  necessary  to  carry  this  Constitution 
into  effect. 

2.  The  Legislative  power,  under  this  Constitution,  shall  be  vested 
in  two  houses,  the  one  to  be  called  the  Senate,  the  other  the  House 
of  Representatives ;  and  both  together  the  Greneral  Assembly.  The 
concurrence  of  the  two  houses  shall  be  necessary  to  the  enactment 
of  laws.  The  style  of  their  laws  shall  be.  It  is  enacted  by  the  Gene- 
ral Assembly  as  follows : 

3.  There  shall  be  two  sessions  of  the  Greneral  Assembly  holden 
annually ;  one  at  Newport,  on  the  first  Tuesday  of  May,  for  the 
purposes  of  election  and  other  business  ;  the  other  on  the  last  Mon- 
day of  October,  which  last  session  shall  be  holden  at  South  Kings- 
town, once  in  two  years,  and  the  intermediate  years  alternately  at 
Bristol,  and  East  Greenwich  ;  and  an  adjournment  from  the  October 
session  shall  be  holden  annually  at  Providence. 


120  CONSTITUTION    OF 


4.  No  member  of  the  General  Assembly  shall  take  any  fee,  or  be 
of  counsel  in  any  case  pending  before  either  house  of  the  General  As- 
sembly, under  penalty  of  forfeiting  his  seat,  upon  ,  proof  thereof  to 
the  satisfaction  of  the  house  of  which  he  is  a  member. 

5.  The  person  of  every  member  of  the  General  Assembly  shall  be 
exempt  from  arrest,  and  his  estate  from  attachment  in  any  civil  ac- 
tion, during  the  session  of  the  General  Assembly,  and  two  days  before 
the  commencement,  and  two  days  after  the  termination  thereof,  and 
all  process  served  contrary  hereto  shall  be  void.  For  any  speech 
in  debate  in  either  house,  no  member  shall  be  questioned  in  any 
other  place. 

6.  Each  house  shall  be  the  judge  of  the  elections  and  qualij&ca- 
tions  of  its  members  ;  and  a  majority  shall  constitute  a  quorum  to 
do  business  ;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members,  in  such  manner, 
and  under  such  penalties  as  may  be  prescribed  by  such  house  or  by 
law.  The  organization  of  the  two  houses  may  be  regulated  by  law, 
subject  to  the  limitations  contained  in  this  Constitution. 

7.  Each  house  may  determine  its  rules  of  proceeding,  punisb 
contempt,  punish  its  members  for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a  member ;  but  not  a  second  time 
for  the  same  cause. 

8:  Each  house  shall  keep  a  journal  of  its  proceedings.  The  yeas 
and  nays  of  the  members  of  either  house,  shall,  at  the  desire  of  one- 
fifth  of  those  present,  be  entered  on  the  journal. 

9.  Neither  house  shall,  during  a  session,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place 
than  that  in  which  they  may  be  sitting. 

10.  The  General  Assembly  shall  continue  to  exercise  the  powers 
they  have  heretofore  exercised,  unless  prohibited  in  this  Constitu- 
tion. 

1 1.  The  senators  and  representatives  shall  receive, the  sum  of  one 
dollar  for  every  day  of  attendance,  and  eight  cents  per  mile  for 
traveling  expenses  in  going  to  and  returning  from  the  General  As- 
sembly. The  General  Assembly  shall  regulate  the  compensation  of 
the  Governor  and  all  other  officers,  subject  to  the  limitations  con- 
tained in  this  Constitution. 

12.  All  lotteries  shall  hereafter  be  prohibited  in  this  State,  except 
those  already  authorized  by  the  General  Assembly. 

13.  The  General  Assembly  shall  have  no  power,  hereafter,  without 
the  express  consent  of  the  people,  to  incur  State  debts  to  an  amount 
exceeding  fifty  thousand  dollars,  except  in  time  of  war,  or  in  case  of 
insurrection  or  invasion,  nor  shall  they  in  any  case,  without  such 
consent,  pledge  the  faith  of  the  State  for  the  payment  of  the  obliga- 
tions of  others.  This  section  shall  not  be  construed  to  refer  to  any 
money  that  may  be  deposited  with  this  State  by  the  Government  of 
the  United  States. 

14.  The  assent  of  two-thirds  of  the  members  elected  to  each  House 


RHODE    ISLAND.  121 


of  the  General  Assembly  shall  be  required  to  every  bill  appropriat- 
ing the  public  money  or  property  for  local  or  private  purposes. 

15.  The  Greneral  Assembly  shall,  from  time  to  time,  provide  for 
making  new  valuations  of  property,  for  the  assessment  of  taxes,  in 
such  manner  as  they  may  deem  best.  A  new  estimate  of  such 
property  shall  be  taken  before  the  first  direct  State  tax,  after  the 
adoption  of  this  Constitution,  shall  be  assessed. 

16.  The  General  Assembly  may  provide  by  law  for  the  continuance 
in  office  of  any  officers  of  annual  election  or  appointment,  until  other 
persons  are  qualified  to  take  their  places. 

1 7.  Hereafter,  when  any  bill  shall  be  presented  to  either  house  of 
the  General  Assembly,  to  create  a  corporation  for  any  other  than  for 
religious,  literary,  or  charitable  purposes,  or  for  a  military,  or  fire 
company,  it  shall  be  continued  until  another  election  of  members  of 
the  General  Assembly  shall  have  taken  place,  and  such  public  notice 
of  the  pendency  thereof  shall  be  given  as  may  be  required  by  law. 

18.  It  shall  be  the  duty  of  the  two  houses  upon  the  request  of 
either,  to  join  in  grand  committee  for  the  purpose  of  elQcting  Sena- 
tors in  Congress,  at  such  times'  and  in  such  manner  as  may  be  pre- 
scribed by  law  for  said  elections. 

ARTICLE  Y. —  Of  the  House  of  Representatives. 

Sec.  1.  The  House  of  Representatives  shall  never  exceed  seventy- 
two  members,  and  shall  be  constituted  on  the  basis  of  population, 
always  allowing  one  representative  for  a  fraction  exceeding  half  the 
ratio ;  but  each  town  or  city  shall  always  be  entitled  to  at  least  one 
member  ;  and  no  town  or  city  shall  have  more  than  one-sixth  of  the 
whole  number  of  members  to  which  the  House  is  hereby  limited. 
The  present  ratio  shall  be  one  representative  to  every  fifteen  hun- 
dred and  thirty  inhabitants,  and  the  General  Assembly  may,  after 
any  new  census  taken  by  the  authority  of  the  United  States,  or  of 
this  State,  re-apportion  the  representation  by  altering  the  ratio ;  but 
no  town  or  city  shall  be  divided  into  districts  for  the  choice  of  rep- 
resentatives. 

2.  The  House  of  Representatives  shall  have  authority  to  elect  its 
speaker,  clerks,  and  other  officers.  The  senior  member  from  the 
town  of  Newport,  if  any  be  present,  shall  preside  in  the  organization 
of  the  House. 

ARTICLE  VI.— 0/  the  Senate. 

Sec.  1.  The  Senate  shall  consist  of  the  Lieutenant-Governor,  and 
of  one  Senator  from  each  town  or  city  in  the  State. 

2.  The  Governor,  and,  in  his  absence,  the  Lieutenant-Governor, 
shall  preside  in  the  Senate  and  in  grand  committee.  The  presiding 
officer  of  the  Senate  and  grand  committee  shall  have  -a  right  to  vote 
in  case  of  equal  division,  .but  not  otherwise. 

3.  If,  by  reason  of  death,  resignation,  absence,  or  other  cause, 


122  CONSTITUTION    OF 


ttere  be  no  Governor  or  Lieutenant-Grovernor  present,  to  preside  in 
the  Senate,  the  Senate  shall  elect  one  of  their  own  members  to  preside 
during  such  absence  or  vacancy ;  and  until  such  election  is  made  by 
the  Senate,  the  Secretary  of  State  shall  preside. 

4.  The  Secretary  of  State  shall,  by  virtue  of  his  office,  be  Secre- 
tary of  the  Senate,  unless  otherwise  provided  by  law ;  and  the  Sen- 
ate may  elect  such  other  officers  as  they  may  deem  necessary. 

ARTICLE  VII.— 0/  the  Executive  Power. 

Sec.  1.  The  chief  executive  power  of  this  State  shall  be  vested  m 
a  Governor,  who,  together  with  a  Lieutenant-Governor,  shall  be  an- 
nually elected  by  the  people. 

2.  The  Governor  shall  take  care  that  the  laws  be  faithfully  executed. 

3.  He  shall  be  captain-general  and  commander-in-chief  of  the  mili- 
tary and  naval  forces  of  this  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

4.  He  shall  have  power  to  grant  reprieves  after  conviction,  in  all 
cases  except  those  of  impeachment,  until  the  end  of  the  next  session 
of  the  General  Assembly. 

5.  He  may  fill  vacancies  in  office  not  otherwise  provided  for  by 
this  Constitution  or  by  law,  until  the  same  shall  be  filled  by  the 
General  Assembly,  or  by  the  people. 

6.  In  case  of  disagreement  between  the  two  houses  of  the  General 
Assembly,  respecting  the  time  or  place  of  adjournment,  certified  to 
him  by  either,  he  may  adjourn  them  to  such  time  and  place  as  he 
shall  think  proper  ;  provided  that  the  time  of  adjournment  shall  not 
be  extended  beyond  the  day  of  the  next  stated  session. 

7.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly at  any  town  or  city  in  this  State,  at  any  time  not  provided  for 
by  law ;  and  in  case  of  danger  from  the  prevalence  of  epidemic  or  con- 
tagious disease,  in  the  place  in  which  the  General  Assembly  are  by 
law  to  meet,  or  to  which  they  may  have  been  adjourned ;  or  for  other 
urgent  reasons,  he  may,  by  proclamation,  convene  said  Assembly,  at 
any  other  place  within  this  State. 

8.  All  commissions  shall  be  in  the  name  and  by  authority  of  the 
State  of  Rhode  Island  and  Providence  Plantations ;  shall  be  sealed 
with  the  State  seal,  signed  by  the  Governor  and  attested  by  the  Se- 
cretary. 

9.  In  case  of  vacancy  in  the  office  of  Governor,  or  of  his  inability 
to  serve,  impeachment,  or  absence  from  the  State,  the  Lieutenant- 
Governor  shall  fill  the  office  of  Governor  and  exercise  the  powers 
and  authority  appertaining  thereto,  until  a  Governor  is  qualified  to 
act,  or  until  the  office  is  filled  at  the  next  annual  election. 

10.  If  the  offices  of  Governor  and  Lieutenant-Governor  be  both 
vacant  by  reason  of  death,  resignation,  impeachment,  absence,  or 
otherwise,  the  person  entitled  to  preside  over  the  Senate  for  the  time 
being,  shall  in  like  manner  fill  the  office  of  Governor  during  such 
absence  or  vacancy.  , 


RHODE    ISLAND.  123 


11.  The  compensation  of  the  Governor  and  Lieutenant-Governor 
shall  be  established  by  law,  and  shall  not  be  diminished  during  the 
term  for  which  they  are  elected. 

12.  The  duties  and  powers  of  the  Secretary,  Attorney-General, 
and  General  Treasurer,  shall  be  the  same  under  this  Constitution 
as  are  now  established,  or  as  from  time  to  time  may  be  prescribed 
by  law. 

ARTICLE  VIII.— Of  Elections. 
Sec.  1.  The  Governor,  Lieutenant-Governor,  senators,  representa- 
tives. Secretary  of  State,  Attorney-General,  and  General  Treasurer, 
shall  be  elected  at  the  town,  city,  or  ward  meetings,  to  be  holden  on 
the  first  Wednesday  of  April  annually ;  and  shall  severally  hold 
their  offices  for  one  year,  from  the  first  Tuesday  of  May  next,  suc- 
ceeding, and  until  others  are  legally  chosen,  and  duly  qualified  to  fill 
their  places.  If  elected  or  qualified  after  the  said  first  Tuesday  of 
May,  they  shall  hold  their  offices  for  the  remainder  of  the  political 
year,  and  until  their  successors  are  qualified  to  act. 

2.  The  voting  for  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Attorney-General,  General  Treasurer,  and  representatives  to 
Congress,  shall  be  by  ballot ;  senators  and  representatives  to  the 
General  Assembly,  and  town  or  city  officers,  shall  be  chosen  by  ballot 
on  demand  of  any  seven  persons  entitled  to  vote  for  the  same  ;  and 
in  all  cases  where  an  election  is  made  by  ballot  or  paper  vote,  the 
manner  of  balloting  shall  be  the  same  as  is  now  required  in  voting 
for  general  officers,  until  otherwise  prescribed  by  law, 

3.  The  names  of  the  persons  voted  for  as  Governor,  Lieutenant 
Governor,  Secretary  of  State,  Attorney-General,  and  General  Treas- 
urer, shall  be  placed  upon  one  ticket,  and  all  votes  for  these  officers 
shall,  in  open  town  or  ward  meetings,  be  sealed  up  by  the  moderators 
and  town  clerks  and  by  the  wardens  and  and  ward  clerks,  who  shall 
certify  the  same  and  deliver  or  send  them  to  the  Secretary  of  State ; 
whose  duty  it  shall  be  securely  to  keep  and  deliver  the  same  to  the 
grand  committee,  after  the  organization  of  the  two  houses  at  the  an- 
nual May  session ;  and  it  shall  be  the  duty  of  the  two  houses,  at 
said  session  after  their  organization,  upon  the  request  of  either  house, 
to  join  in  grand  committee,  for  the  purpose  of  counting  and  de- 
claring  said  votes,  and  of  electing  other  officers. 

4.  The  town  and  ward  clerks  shall  also  keep  a  correct  list  or  regis- 
ter, of  all  persons  voting  for  general  officers,  and  shall  transmit  a 
copy  thereof  to  the  General  Assembly,  on  or  before  the  first  day  of 
said  May  session. 

5.  The  ballots  for  senators  and  representatives  in  the  several 
towns,  shall  in  each  case  after  the  polls  are  declared  to  be  closed,  be 
counted  by  the  moderator,  who  shall  announce  the  result,  and  the 
clerk  shall  give  certificates  to  the  persons  elected.  If,  in  any  case, 
there  be  no  election,  the  polls  may  be  re-opened,  and  the  like  pro- 
ceedings shall  be  had  until  an  election  ghall  take  place  :  Provided, 


124  CONSTITUTION    OF 


however,  that  an  adjournment  or  adjournments  of  the  election  may 
be  made  to  a  time  not  exceeding  seven  days  from  the  first  meeting. 

6.  In  the  city  of  Providence,  the  polls  for  senator  and  represen- 
tatives shall  be  kept  open  during  the  whole  time  of  voting  for  the 
day,  and  the  votes  in  the  several  wards  shall  be  sealed  up  at  the 
close  of  the  meeting  by  the  wardens  and  ward  clerks  in  open  ward 
meeting,  and  afterwards  delivered  to  the  city  clerk.  The  Mayor 
and  Aldermen  shall  proceed  to  count  said  votes  within  two  days 
from  the  dav  of  election  ;  and  if  no  election  of  senator  and  repre- 
sentatives, or  if  an  election  of  only  a  portion  of  the  representatives 
shall  have  taken  place,  the  Mayor  and  Aldermen  shall  order 
a  new  election,  to  be  held  not  more  than  ten  days  from  the  day 
of  the  first  election,  and  so  on  until  the  election  shall  be  comple- 
ted. Certificates  of  election  shall  be  furnished  by  the  city  clerk  to 
the  persons  chosen. 

7.  If  no  person  shall  have  a  majority  of  votes  for  Grovernor,  it 
shall  be  the  duty  of  the  grand  committee  to  elect  one  by  ballot  from 
the  two  persons  having  the  highest  number  of  votes  for  the  ofl&ce, 
except  when  such  a  result  is  produced  by  rejecting  the  entire  vote 
of  any  town,  or  city,  or  ward,  for  informality  or  illegality,  in  which 
case  a  new  election  by  the  electors  throughout  the  State  shall  be  or- 
dered :  and  in  case  no  person  shall  have  a  majority  of  votes  for 
Lieutenant-Governor,  it  shall  be  the  duty  of  the  grand  committee 
to  elect  one  by  ballot  from  the  two  persons  having  the  highest  num- 
ber of  votes  for  the  office. 

8.  In  case  an  election  of  the  Secretary  of  State,  Attorney-Gene- 
ral, or  General  Treasurer,  should  fail  to  be  made  by  the  electors  at  the 
annual  election,  the  vacancy  or  vacancies  shall  be  filled  by  the  Gene- 
ral Assembly  in  grand  committee,  from  the  two  candidates  for  such 
office  having  the  greatest  number  of  the  votes  of  the  electors.  Or  in 
case  of  a  vacancy  in  either  of  said  offic<»s  from  other  causes,  between 
the  sessions  of  the  General  Assembly,  the  Governor  shall  appoint 
some  person  to  fill  the  same  until  a  successor  elected  by  the  General  As- 
sembly is  qualified  to  act ;  and  in  such  case,  and  also,  in  all  other 
cases  of  vacancies,  not  otherwise  provided  for,  the  General  Assem- 
bly may  fill  the  same  in  any  manner  they  may  deem  proper. 

9.  Vacancies  from  any  cause  in  the  Senate  or  House  of  Represen- 
tatives may  be  filled  up  by  a  new  election. 

1 0.  In  all  elections  held  by  the  people,  under  this  Constitution,  a 
majority  of  all  the  electors  voting  shall  be  necessary  to  the  election 
of  the  persons  voted  for, 

ARTICLE  IX.— 0/  Qualifications  for  Office. 

Sec.  1.  No  person  shall  be  eligible  to  any  civil  office,  (except  the 
office  of  school  committee,)  unless  he  be  a  qualified  elector  for  such 
office. 

2.  Every  person  shall  be  disqualified  from  holding  any  office  to 
which  he  may  have  been  elected,  if  he  be  convicted  of  having  offer- 


RHODE    ISLAND.  125 


ed  or  procured  any  other  person  to  offer,  any  bribe  to  secure  his 
election,  or  the  election  of  any  other  person. 

3.  All  general  officers  shall  take  the  following  engagement  before 
they  act  in  their  respective  offices,  to  wit :  You  being 
by  the  free  vote  of  the  electors  of  this  State  of  Rhode  Island  and 
Providence  Plantations,  elected  unto  the  place  of  do 
solemnly  swear  (or  affirm)  to  be  true  and  faithful  unto  this  State, 
and  to  si^port  the  Constitution  of  this  State,  and  of  the  United 
States  ;  that  you  will  faithfully  and  impartially  discharge  all  the  du- 
ties of  your  aforesaid  office  to  the  best  of  your  abilities,  according  to 
law ;  So  help  you  Grod.  Or,  this  affirmation  you  make,  and  give 
upon  the  peril  of  the  penalty  of  perjury. 

4.  The  members  of  the  General  Assembly,  the  judges  of  all  the 
courts,  and  all  other  officers,  both  civil  and  military,  shall  be  bound 
by  oath  or  affirmation  to  support  this  Constitution,  and  the  Consti- 
tution of  the  United  States. 

5.  The  oath,  or  affirmation,  shall  be  administered  to  the  Governor, 
Lieutenant-Governor,  senators  and  representatives,  by  the  Secretary 
of  State,  or,  in  his  absence,  by  the  Attorney-General.  The  Secre- 
tary of  State,  Attorney  General,  and  General  Treasurer,  shall  be 
engaged  by  the  Governor,  or  by  a  justice  of  the  Supreme  Court. 

6.  No  person  holding  any  office  under  the  government  of  the 
United  States,  or  of  any  other  State  or  country,  shall  act  as  a  general 
officer,  or  as  a  member  of  the  General- Assembly,  unless  at  the  time  of 
taking  his  engagement,  he  shall  have  resigned  his  office  under  such  gov- 
ernment ;  and  if  any  general  officer,  senator,  representative,  or  judge 
shall,  after  his  election  and  engagement,  accept  any  appointment 
under  any  other  government,  his  office  under  this  shall  be  immedi- 
ately vacated  ;  But  this  restriction  shall  not  apply  to  any  person 
appointed  to  take  depositions  or  acknowledgments  of  deeds,  or  other 
legal  instruments,  by  the  authority  of  any  other  State  or  country. 

ARTICLE  X.—Of  the  Judicial  Power. 

Sec:  1.  The  judicial  power  of  this  State  shall  be  vested  in  cue 
Supreme  Court,  and  in  such  inferior  courts  as  the  General  Assembly 
may,  from  time  to  time,  ordain  and  establish. 

2.  The  several  courts  shall  have  such  jurisdiction  as  may  from 
time  to  time  be  prescribed  by  law.  Chancery  powers  may  be  con- 
ferred on  the  Supreme  Court,  but  on  no  other  court  to  any  greater 
extent  than  is  now  provided  by  law. 

3.  The  judges  of  the  Supreme  Court  shall,  in  all  trials,  instruct 
the  jury  in  the  law.  They  shall  also  give  their  written  opinion  upon 
any  question  of  law,  whenever  requested  by  the  Governor,  or  by 
either  house  of  the  General  Assembly. 

4.  The  judges  of  the  Supreme  Court  shall  be  elected  by  the  two 
houses  in  grand  committee.  Each  judge  shall  hold  his  office  until 
his  place  be  declared  vacant  by  a  resolution  of  the  General  Assem- 


126  CONSTITUTION   OF 


bly  to  that  eiFect ;  which  resolution  shall  be  voted  for  by  a  majority 
of  all  the  members  elected  to  the  house  in  which  it  may  originate, 
and  be  concurred  in  by  the  same  majority  of  the  other  house.  Such 
resolution  shall  not  be  entertained  at  any  other  than  the  annual 
session  for  the  election  of  public  officers  ;  and  in  default  of  the  pas- 
sage thereof  at  said  session,  the  judge  shall  hold  his  place  as  is  here- 
in provided.  But  a  judge  of  any  court  shall  be  removed  from  office, 
if,  upon  impeachment,  he_  shall  be  found  guilty  of  any  official  misde- 
meanor. 

5.  In  case  of  vacancy  by  death,  resignation,  removal  from  the 
State  or  from  office,  refusal  or  inability  to  serve,  of  any  judge  of  the 
Supreme  Court,  the  office  may  be  filled  by  the  grand  committee, 
until  the  next  annual  election,  and  the  judge  then  elected  shall  hold 
his  office  as  before  provided.  In  cases  of  impeachment,  or  tempo- 
rary absence  or  inability,  the  Governor  may  appoint  a  person  to  dis- 
charge the  duties  of  the  office  during  the  vacancy  caused  thereby. 

6.  The  judges  of  the  Supreme  Court  shall  receive  a  compensa- 
tion for  their  services,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

7.  The  towns  of  New  Shoreham  and  Jamestown  may  continue  to 
elect  their  wardens  as  heretofore.  The  othei*  towns  and  the  city  of 
Providence  may  elect  such  number  of  justices  of  the  peace,  resident 
therein,  as  they  may  deem  proper.  The  jurisdiction  of  said  justices 
and  wardens  shall  be  regulated  by  law.  The  justices  shall  be  com- 
missioned by  the  Governor. 

ARTICLE    'XI.— Of  Impeachments. 

Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachments.  A  vote  of  two-thirds  of  all  the  members  elected  shall 
be  required  for  an  impeachment  of  the  Governor.  Any  officer  im- 
peached, shall  thereby  be  suspended  from  office  until  judgment  in 
the  case  shall  have  been  pronounced. 

2.  All  the  impeachments  shall  be  tried  by  the  Senate ;  and  when 
sitting  for  that  purpose,  they  shall  be  under  oath  or  affirmation.  No 
person  shall  be  convicted  except  by  vote  of  two-thirds  of  the  mem- 
bers elected.  When  the  Governor  is  impeached,  the  chief  or  pre- 
siding justice  of  the  Supreme  Court  for  the  time  being,  shall  preside, 
with  a  casting  vote  in  all  preliminary  questions. 

3.  The  Governor  and  all  other  executive  and  judicial  officers,  shall 
be  liable  to  impeachment ;  but  judgment  in  such  cases  shall  not  ex- 
tend further  than  to  removal  from  office.  The  person  convicted,  shall, 
nevertheless,  be  liable  to  indictment,  trial,  and  punishment,  accord- 
ing to  law. 

ARTICLE  XII.— Of  Education. 

Sec.  1.  The  diffusion  of  knowledge,  as  well  as  of  virtue,  among  the 
people,  being  essential  to  the  preservation  of  their  rights  and  liber- 


RHODE    ISLAND.  127 


ties,  it  shall  be  the  duty  of  the  General  Assembly  to  promote  public 
schools,  and  to  adopt  all  means  which  they  may  deem  necessary  and 
proper  to  secure  to  the  people  the  advantages  and  opportunities  of 
education. 

2.  The  money  which  now  is,  or  which  may  hereafter  be  appropri- 
ated by  law  for  the  establishment  of  a  permanent  fund  for  the  sup- 
port of  public  schools,  shall  be  securely  invested  and  remain  a  per- 
petual fund  for  that  purpose. 

3.  All  donations  for  the  support  of  public  schools  or  for  other  pur- 
poses of  education,  which  may  be  received  by  the  General  Assembly, 
shall  be  applied  according  to  the  terms  prescribed  by  the  donbrs. 

4.  The  General  Assembly  shall  make  all  necessary  provisions  by 
law  for  carrying  this  article  into  effect.  They  shall  not  divert  said 
money  or  fund  from  the  aforesaid  uses,  nor  borrow,  appropriate,  or 
use  the  same,  or  any  part  thereof,  for  any  other  purpose,  under  any 
pretence  whatsoever. 

ARTICE  XIIL— On  Aniendments. 

The  General  Assembly  may  propose  amendments  to  this  Consti- 
tution by  the  votes  of  a  majority  of  all  the  members  elected  to  each 
house.  Such  propositions  for  amendment  shall  be  published  in  the 
newspapers,  and  printed  copies  of  them  shall  be  sent  by  the  Secre- 
tary of  State,  with  the  names  of  all  the  members  who  shall  have 
voted  thereon,  with  the  yeas  and  nays,  to  all  the  town  and  city  clerks 
in  the  State.  The  said  propositions  shall  be,  by  said  clerks,  inserted 
in  the  warrants  or  notices  by  them  issued,  for  warning  the  next  an- 
nual town  and  ward  meetings  in  April ;  and  the  clerks  shall  read 
said  propositions  to  the  electors  when  thus  assembled,  with  the 
names  of  all  the  representatives  and  senators  who  shall  have  voted 
thereon,  with  the  yeas  and  nays,  before  the  election  of  senators  and 
representatives  shall  be  had.  If  a  majority  of  all  the  members 
elected  to  each  house,  at  said  annual  meeting,  shall  approve  any 
proposition  thus  made,  the  same  shall  be  published  and  submitted 
to  the  electors  in  the  mode  provided  in  the  act  of  approval ;  and  if 
then  approved  by  three-fifths  of  the  electors  of  the  State  present,  and 
voting  thereon  in  town  and  ward  meetings,  it  shall  become  a  part 
of  the  Constitution  of  the  State. 

ARTICLE    XIV. — Of  the  Adoption  of  this  Constitution. 

Sec.  1.  This  Constitution,  if  adopted,  shall  go  into  operation  on 
the  first  Tuesday  of  May,  in  the  year  one  thousand  eight  hundred 
and  forty-three.  The  first  election  of  Governor,  Lieutenant-Governor, 
Secretary  of  State,  Attorney-General,  and  General  Treasurer,  and 
of  senators  and  representatives  under  said  Constitution,  shall  be 
liad  on  the  first  Wednesday  of  April  next  preceding,  by  the  electors 
qualified  under  said  Constitution.     And  the  town  and  ward  meet- 


128  CONSTITUTION    OF    RHODE    ISLAND. 

ings,  therefore,  shall  be  warned  and  conducted  as  is  now  provided 
by  law.  All  civil  and  military  officers  now  elected,  or  who  shall 
hereafter  be  elected,  by  the  Greneral  Assembly,  or  other  competent 
authority,  before  the  said  first  Wednesday  of  April,  shall  hold  their 
offices  and  may  exercise  their  powers  until  the  said  first  Tuesday  of 
May,  or  until  their  successors  shall  be  qualified  to  act.  All  statutes, 
public  and  private,  not  repugnant  to  this  Constitution,  shall  continue 
in  force  until  they  expire  by  their  own  limitation,  or  are  repealed  by 
the  Greneral  Assembly.  All  charters,  contracts,  judgments,  actions, 
and  rights  of  action,  shall  be  as  valid  as  if  this  Constitution  had  not 
been  made.  The  present  government  shall  exercise  all  the  powers 
with  which  it  is  now  clothed,  until  the  said  first  Tuesday  of  May, 
one  thousand  eight  hundred  and  forty-three,  and  until  the  govern- 
ment under  this  Constitution  is  duly  organized. 

2.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  State  as  if 
this  Constitution  had  not  been  adopted. 

3.  The  Supreme  Court,  established  by  this  Constitution,  shall 
have  the  same  jurisdiction  as  the  Supreme  Judicial  Court  at  present 
established,  and  shall  have  jurisdiction  of  all  causes  which  may  be 
appealed  to,  or  pending  in  the  same ;  and  shall  be  held  at  the  same 
times  and  places,  and  in  each  county,  as  the  present  Supreme  Judi- 
cial Court,  until  otherwise  prescribed  by  the  G-eneral  Assembly. 

4.  The  towns  of  New  Shoreham  and  Jamestown  shall  continue  to 
enjoy  the  exemptions  from  military  duty  which  they  now  enjoy,  until, 
otherwise  prescribed  by  law. 


CONNECTICUT. 


This  State  consisted,  at  its  first  settlement,  of  three  colonies,  called  Hart- 
ford, New  Haven,  and  Saybrook  colonies.  The  colony  of  Say  brook  afterwards 
became  united  with  Hartford.  The  first  English  settlement  was  at  Wind-' 
sor,  in  1633.  by  emigrants  from  Massachusetts — then  a  journey  of  fourteen 
days  from  Boston — now  of  five  hours.  New  Haven  colony  was  settled  by  the 
English  in  1638.  In  1662  these  colonies  were  united  under  one  government 
by  a  charter  from  Charles  11.  The  New  Haven  colony  refused  to  accede  to  this 
charter  until  1665.  This  charter  was  suspended  in  1686,  and  Sir  Edmund 
Andross  was  appointed  Governor-General  'of  New  England.  Upon  his  arri- 
val at  Boston,  he  wrote  to  the  colony  of  Connecticut,  demanding  of  them  their 
charter.  This  they  refused.  In  October,  1687,  the  Assembly  met,  as  usual, 
at  Hartford.  About  this  time,  Sir  Edmund,  with  his  suit  of  more  than  sixty 
regular  troops,  made  their  appearance  in  the  Assembly,  and  demanded  of 
them  their  charter,  declaring  their  government  under  it  dissolved.  A  long  dis- 
cussion ensued,  which  continued  till  evening.  Meantime  a  large  number  of 
the  inhabitants  came  together  to  witness  the  result.  The  charter  was  at 
length  brought  and  laid  upon  the  table.  Suddenly,  at  a  signal,  the  lights  were 
all  extinguished,  and  one  Capt.  Wadsworth,  of  Hartford,  seized  the  char- 
ter and  bore  it  away,  secreting  it  in  a  large  hollow  oak,  standing  near  the 
place.  By  this  means,  it  was  preserved.  The  old  oak  still  stands,  bearing  the 
significant  name  of  the  Old  Charter  Oak,  (See  Barber's  Hist.  Collections  of 
Conn.)  This  charter  was  confirmed  after  the  revolution  in  England,  of  1688, 
and  formed  the  basis  of  government  until  1818,  when  the  present  Constitution 
was  adopted. 

Area,  4,674  sq.  m.    Pop.,  in  1850,  370,791. 
10 


130  CONSTITUTION    OF 


CONSTITUTION. 

PREAMBLE. 

The  people  of  Connecticutj.  acknowledging,  with,  gratitude,  the 
good  providence  of  God  in  having  permitted  them  to  enjoy  a  free 
government,  do,  in  order  more  ejQFectually  to  define,  secure,  and  per- 
petuate the  liberties,  rights,  and  privileges  which  they  have  derived 
from  their  ancestors,  hereby,  after  a  careful  consideration  and  revis- 
ion, ordain  and  establish  the  following  Constitution  and  form  of  civil 
government, 

ARTICLE  1.— Declaration  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  gov- 
ernment may  be  recognized  and  established,  we  declare  : 

Sec.  1.  That  all  men,  when  they  form  a  social  compact,  are  equal 
in  rights  ;  and  that  no  man,  or  set  of  men,  are  entitled  to  exclusive 
public  emoluments  or  privileges  from  the  community. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  their 
benefit ;  and  that  they  have  at  all  times  an  undeniable  and  indefea- 
sible right  to  alter  their  form  of  government  in  such  manner  as  they 
may  think  expedient. 

3.  The  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination,  shall  forever  be  free  to  all  persons  in 
this  State,  provided  that  the  right  hereby  declared  and  established 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  to 
justify  practices  inconsistent  with  the  peace  and  safety  of  the  State. 

4.  No  preference  shall  be  given  by  law  to  any  Christian  sect  or 
mode  of  worship. 

5.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 

6.  No  law  shall  ever  be  passed  to  curtail  or  restrain  .the  liberty  of 
speech  or  of  the  press. 

7.  In  all  prosecutions  or  indictments  for  libels,  the  truth  may  be 
given  in  evidence,  and  the  jury  shall  have  a  right  to  determine  the 
law  and  the  facts,  under  the  direction  of  the  court. 

8.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  searches,  or  seizures ;  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue, 
without  describing  them  as  nearly  as  may  be,  nor  without  probable 
cause,  supported  by  oath  or  affirmation. 

9.  In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to 
be  heard,  by  himself  and  by  counsel :  to  demand  the  nature  and 
cause  of  the  accusation  ;  to  be  confronted  by  the  witnesses  against 
him  ;  to  have  compulsory  process  to  obtain  witnesses  in  his  favor  ; 


CONNECTICUT.  I3i 


and  in  all  prosecutions  by  indictment  or  information,  a  speedy- 
public  trial  by  an  impartial  jury.  He  shall  not  be  compelled  to\ 
give  evidence  against  himself,  nor  be  deprived  of  life,  liberty,  or  1 
property,  but  by  due  course  of  law.  And  no  person  shall  be  holden 
to  answer  for  any  crime,  the  punishment  of  which  may  be  death  or 
imprisonment  for  life,  unless  on  a  presentment  or  an  indictment  of 
a  grand  jury  ;  except  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service,  in  time  of  war  or  public  danger. 

10.  No  person  shall  be  arrested,  detained,  or  punished,  except  in 
cases  clearly  warranted  by  law.  \ 

11.  The  property  of  no  person  shall  be  taken  for  public  use,  with  A 
out  just  compensation  therefor.  J 

12.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him  in  his  person,  property,  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered  without  sale, 
denial,  or  delay. 

13.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed. 

14.  All  prisoners  shall,  before  conviction,  be  bailable  by  sufiicient 
sureties,  except  for  capital  offences,  where  the  proof  is  evident,  or 
the  presumption  great ;  and  the  privileges  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when  in  case  of  rebellion  or 
invasion  the  public  safety  may  require ,  it ;  nor  in  any  case,  but  by 
the  Legislature. 

15.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
Legislature. 

16.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
for  their  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government  for  redress  of  grievances,  or  other  proper  pur- 
poses, by  petition,  address,  or  remonstrance. 

17.  Every  citizen  has  a  right  to  bear  arms  in  defense  of  himself 
and  the  State.  * 

18.  The  military  shall,  in  all  cases,  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

19.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  man- 
ner to  be  prescribed  by  law. 

20.  No  hereditary  emoluments,  privileges,  or  honors  shall  ever  be 
granted  or  conferred  in  this  State. 

21.  The  right  of  trial  by  jury  shall  remain  inviolate. 

ARTICLE  IL—Ofthe  Distribution  of  Powers. 

The  powers  of  government  shall  be  divided  into  three  distinct 
departments,  and  each  of  them  confided  to  a  separate  magistracy,  to 
wit ; — those  which  are  legislative,  to  one  ;  those  which  are  executive, 
to  another  ;  and  those  which  are  judicial,  to  another. 


132  CONSTITUTION    OF 


ARTICLE  111.— Of  the  Legislative  Department. 
Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  two 
distinct  houses  or  branches ;  the  one  to  be  styled  the  Senate,  the 
other  the  House  of  Representatives,  and  both  together  the  General 
Assembly.  The  style  of  the*  laws  shall  be:  Be  it  enacted  hy  the 
Senate  and  House  of  Representatives  in  General  Assembly  convened. 

2.  There  shall  be  one  stated  session  of  the  General  Assembly,  to 
be  holden  each  year,  alternately  at  Hartford  and  New  Haven,  on 
the  first  Wednesday  of  May,  and  at  such  other  times  as  the  General 
Assembly  shall  judge  necessary ;  the  first  session  to  be  holden  at 
Hartford  ;  but  the  person  administering  the  ofiice  of  Governor, 
may,  on  special  emergencies,  convene  the  General  Assembly  at  either 
of  said  places  at  any  other  time.  And  in  case  of  danger  from  the  pre- 
valence of  contagious  diseases  in  either  of  said  places,  or  other  cir- 
cumstances, the  person  administering  the  ofiice  of  Governor,  may,  by 
proclamation,  convene  said  Assembly  at  any  other  place  in  this  State. 

3.  The  House  of  Representatives  shall  consist  of  electors  residing 
in  towns  from  which  they  are  elected.  The  number  of  representatives 
from  each  town  shall  be  the  same  as  at  present  practised  and  allowed. 
In  case  a  new  town  shall  hereafter  be  incorporated,  such  new  town  shall 
be  entitled  to  one  representative  only  :  and  if  such  new  town  shall 
be  made  from  one  or  more  towns,  the  town  or  towns  from  which  the 
same  shall  be  made,  shall  be  entitled  to  the  same  number  of  repre- 
sentatives as  at  present  allowed,  unless  the  number  shall  be  reduced 
by  the  consent  of  such  town  or  towns. 

4.  The  Senate  shall  consist  of  twelve  members,  to  be  chosen  an- 
nually by  the  electors. 

5.  At  the  meetings  of  the  electors,  held  in  the  several  towns  in 
this  State,  in  April  annually,  after  the  election  of  representatives, 
the  electors  present  shall  be  called  upon  to  bring  in  their  written 
ballots  for  senators.  The  presiding  officer  shall  receive  the  votes  of 
the  electors,  and  count  and  declare  them  in  open  meeting.  The 
presiding  officer  shall  also  make  duplicate  lists  of  the  persons  voted 
for,  and  of  the  number  of  votes  for  each,  which  shall  b&  certified  by 
the  presiding  officer  ;  one  of  which  lists  shall  be  delivered  to  the 
town  clerk,  and  the  other,  within  three  days  after  said  meeting, 
shall  be  delivered,  under  seal,  either  to  the  Secretar}'-  or  to  the  sheriff 
of  the  county  in  which  said  town  is  situated  ;  which  list  shall  be 
directed  to  the  Secretary,  with  a  superscription  expressing  the  pur- 
port of  the  contents  thereof  And  each  sheriff  who  shall  receive 
such  votes  shall,  within  fifteen  days  after  said  meeting,  deliver  or 
cause  them  to  be  delivered,  to  the  Secretary. 

6.  The  Treasurer,  Secretary,  and  Comptroller,  for  the  time  being, 
shall  canvass  the  votes  publicly.  The  twelve  persons  having  the 
greatest  number  of  votes  for  senators  shall  be  declared  to  be  elected. 
But,  in  cases  where  no  choice  is  made  by  the  electors,  in  conse- 
quence of  an  equality  of  votes,  the  House  of  Representatives  shall 


CONNECTICUT.  133 


designate,  by  ballot,  which  of  the  candidates  having  such  equal  num- 
ber of  votes  shall  be  declared  to  be  elected.  The  return  of  votes, 
and  the  result  of  the  canvass,  shall  be  submitted  to  the  House  of 
Representatives,  and  also  to  the  Senate,  on  the  first  day  of  the 
session  of  the  General  Assembly,  and  each  house  shall  be  th^  final 
judge  of  the  election  returns  and  qualifications  of  its  own  members. 

7.  The  House  of  Representatives,  when  assembled,  shall  choose  a 
Speaker,  Clerk,  and  other  officers.  The  Senate  shall  choose  its  clerk 
and  other  officers,  except  the  President.  A  majority  of  each  house 
shall  constitute  a  quorum  to  do  business ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of  absent 
members  in  such  manner,  and  under  such  penalties,  as  each  house 
may  prescribe. 

8.  Each  house  shall  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  conduct,  and,  with  the  consent  of 
two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause  ;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
legislature  of  a  free  and  independent  State. 

9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish the  same  when  required  by  one-fifth  of  its  members,  except 
such  parts  as,  in  the  judgment  of  a  majority,  require  secrecy.  The 
yeas  and  nays  of  the  members  of  either  house  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journals. 

10.  The  Senators  and  Representatives  shall,  in  all  cases  of  civil 
process,  be  privileged  from  arrest  during  the  session  of  the  General 
Assembly,  and  for  four  days  before  the  commencement  and  after 
the  termination  of  any  session  thereof  And  for  any  speech  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

11.  The  debates  of  each  house  shall  be  public,  except  on  such 
occasions  as  in  the  opinion  of  the  house  may  require  secrecy. 

ARTICLE  lY.— Of  the  Executive  DepartTnent. 

Sec.  1.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  a  Governor,  who  shall  be  chosen  by  the  electors  of  the 
State,  and  shall  hold  his  office  for  one  year  from  the  first  Wednes- 
day of  May  next  succeeding  his  election^  and  until  his  successor  be 
duly  qualified.  No  person  who  is  not  an  elector  of  this  State,  and 
who  has  not  arrived  at  the  age  of  thif  ty,  shall  be  eligible. 

2.  At  the  meetings  of  the  electors,  in  the  respective  towns,  in  the 
month  of  April  in  each  year,  immediately  after  the  election  of  sena- 
tors, the  presiding  officers  shall  call  upon  the  electors  to  bring  in 
their  ballots  for  him  whom  they  would  elect  to  be  Governor,  with 
his  name  fairly  written.  When  such  ballots  shall  have  been  received 
and  counted,  in  the  presence  of  the  electors,  duplicate  lists  of  the 
persons  voted  for,  and  of  the  number  of  votes  given  for  each,  shall 
be  made  and  certified  by  the  presiding  officer,  one  of  which  lists  . 
shall  be  deposited  in  the  office  of  the  town  clerk,  within  three 
days,  and  the  other  within  ten  days  after  the  said  election,  shall  be 


134  CONSTITUTION    OF 


transmitted  to  the  Secretary,  or  to  the  sheriff  of  the  county  in 
which  such  election  shall  have  been  held.  The  sheriff  receiving 
said  votes  shall  deliver,  or  cause  them  to  be  delivered,  to  the  Secre- 
tary, within  fifteen  days  next  after  said  election.  The  votes  so 
returned  shall  be  counted  by  the  Treasurer,  Secretary,  and  Comp- 
troller, within  the  month  of  April :  A  fair  list  of  the  persons  and 
number  of  votes  given  for  each,  together  with  the  returns  of  the 
presiding  officers,  shall  be,* by  the  Treasurer,  Secretary,  and  Comp- 
troller, made  and  laid  before  the  General  Assembly  then  next  to  be 
holden,  on  the  first  day  of  the  session  thereof;  and  said  Assembly 
shall,  after  examination  of  the  same,  declare  the  person  whom  they 
shall  find  to  be  legally  chosen,  and  give  him  notice  accordingly.  If 
no  person  shall  have  a  majority  of  the  whole  number  of  said  votes, 
or  if  two  or  more  shall  have  an  equal  and  the  greatest  number  of 
said  votes,  then  said  Assembly,  on  the  second  day  of  their  session, 
by  joint  ballot  of  both  houses,  shall  proceed,  without  debate,  to 
choose  a  G-overnor  from  a  list  of  the  names  of  the  two  persons  hav- 
ing the  greatest  number  of  votes,  or  of  the  names  of  the  persons 
having  an  equal  and  highest  number  of  votes  so  returned  as  afore- 
said. The  General  Assembly  shall  by  law  prescribe  the  manner  in 
which  all  questions  concerning  the  election  of  a  Governor  or 
Lieutenant-Governor  shall  be  determined. 

3.  At  the  annual  meetings  of  the  electors,  immediately  after  the 
election  of  Governor,  there  also  shall  be  chosen  in  the  same  manner 
as  is  herein  before  provided  for  the  election  of  Governor,  a  Lieuten- 
ant-Governor, who  shall  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications. 

4.  The  compensations  of  the  Governor,  Lieutenant-Governor, 
senators,  and  representatives,  shall  be  established  by  law,  and  shall 
not  be  varied  so  as  to  take  effect  until  after  an  election  which  shall 
next  succeed  the  passage  of  the  law  establishing  said  compensation. 

5.  The  Governor  shall  be  captain-general  of  the  militia  of  the 
State,  except  when  called  into,  the  service  of  the  United  States. 

6.  He  may  require  information,  in  writing,  from  the  officers  in 
the  executive  department,  on  any  subject  relating  to  the  duties  of 
their  respective  offices. 

7.  The  Governor,  in  case  of  a  disagreement  between  the  two  houses 
of  the  General  Assembly  respecting  the  time  of  adjournment,  may 
adjourn  them  to  such  time  as  he  shall  think  proper,  not  beyond  the 
day  of  the  next  stated  session. 

8.  He  shall,  from  time  to  time,  give  to  the  General  Assembly  in- 
formation of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  shall  deem  expedient. 

9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

10.  The  Governor  shall  have  power  to  grant  reprieves,  after  con- 
viction, in  all  cases  except  those  of  impeachment,  until  the  end  of 
the  next  session  of  the  General  Assembly,  and  no  longer. 

1 1 .  All  commissions  shall  be  in  the  name  and  by  authority  of  the 


CONNECTICUT.  135 


State  of  Connecticut :  shall  be  sealed  with  the  State  seal,  signed  by 
the  Governor,  and  attested  by  the  Secretary. 

12.  Every  bill  which  shall  have  passed  both  houses  of  the  Gene- 
ral Assembly,  shall  be  presented  to  the  Governor.  If  he  approve, 
he  shall  sign  and  transmit  it  to  the  Secretary ;  but  if  not,  he  shall 
return  it  to  the  house  in  which  it  originated,  with  his  objections, 
which  shall  be  entered  on  the  journals  of  the  house  ;  who  shall  pro- 
ceed to  reconsider  the  bill.  If,  after  such  reconsideration,  that  house 
shall  again  pass  it,  it  shall  be  sent,  with  the  objections,  to  the  other 
house,  which  shall  also  reconsider  it.  If  approved,  it  shall  become 
a  law.  But,  in  such  cases,  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays  ;  and  the  names  of  the  members  voting  for 
and  against  the  bill  shall  be  entered  on  the  journals  of  ea(5h  house 
respectively.  If  the  bill  shall  not  be  returned  by  the  Governoi 
within  tliree  days  (Sundays  excepted)  after  it  shall  have  been  pre-, 
sented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it ;  unless  the  General  Assembly,  by  their  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  not  be  a  law. 

13.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office,  be 
President  of  the  Senate,  and  have  when  in  committee  of  the  whole 
a  right  to  debate,  and,  when  the  Senate  is  equally  divided,  to  give 
the  casting  vote. 

1 4.  In  case  of  the  death,  resignation,  refusal  to  serve,  or  removal 
from  office  of  the  Governor,  or  of  his  impeachment,  or  absence  from 
the  State,  the  Lieutenant-Governor  shall  exercise  the  powers  and 
authority  appertaining  to  the  office  of  Governor,  until  another  be 
chosen  at  the  next  periodical  election  for  Governor,  and  be  duly 
qualified  ;  or  until  the  Governor  impeached  or  absent  shall  be  ac- 
quitted or  return. 

15.  When  the  government  shall  be  administered  by  the  Lieu- 
tenant-Governor, or  he  shall  be  unable  to  attend  as  President  of  the 
Senate,  the  Senate  'shall  elect  one  of  their  members  as  President 
pro  tempore.  And  if,  during  the  vacancy  of  the  office  of  Governor, 
the  Lieutenant-Governor  shall  die,  resign,  refuse  to  serve,  to  be  re- 
moved from  office,  or  if  he  shall  be  impeached,  or  absent  from  the 
State,  the  President  of  the  Senate  pro  tempore  shall,  in  like  manner, 
administer  the  government  until  he  be  superseded  by  a  Governor 
or  Lieutenant-Governor. 

16.  If  the  Lieutenant-Governor  shall  be  required  to  administer 
the  government,  and  shall,  while  in  such  administration,  die  or  re- 
sign during  the  recess  of  the  General  Assembly,  it  shall  be  the  duty 
of  the  Secretary,  for  the  time  being,  to  convene  the  Senate  for  the 
purpose  of  choosing  a  President  pro  tempore. 

17.  A  Treasurer  shall  annually  be  chosen  by  the  electors  at  their 
meeting  in  April :  and  the  votes  shall  be  returned,  counted,  canvas- 
sed, and  declared,  in  the  same  manner  as  is  provided  for  the  election 
of  Governor  and  Lieutenant-Governor  ;  but  the  votes  for  the  jTrea- 
surer  shall  be  canvassed  by  the  Secretary  and  Comptroller  only 


136  CONSTITUTION    OP 


He  shall  receive  all  moneys  belonging  to  the  State,  and  disburse  the 
same  only  as  he  may  be  directed  by  law.  He  shall  pay  no  warrant 
or  order  for  the  disbursement  of  public  money,  until  the  same  has 
been  registered  in  the  office  of  the  Comptroller. 

18.  A  Secretary  shall  be  chosen  next  after  the  Treasurer,  and  in 
the  same  manner ;  and  the  votes  for  Secretary  shall  be  returned  to,  and 
counted,  canvassed,  and  declared  by  the  Treasurer  and  Comptroller. 
He  shall  have  the  safe  keeping  and  custody  of  the  public  records 
and  documents,  and  particularly  of  the  acts,  resolutions,  and  orders 
of  the  General  Assembly,  and  record  the  same  ;  and  perform  all 
such  duties  as  shall  be  prescribed  by  law.  He  shall  be  the  keeper  of 
the  seal  of  the  State,  which  shall  not  be  altered. 

19.  A  Comptroller  of  the  public  accounts  shall  be  annually  ap- 
pointed by  the  General  Assembly.  He  shall  adjust  and  settle  all 
public  accounts  and  demands,  except  grants  and  orders  of  the  Gen- 
eral Assembly.  He  shall  prescribe  the  mode  of  keeping  and  ren- 
dering all  public  accounts.  He  shall,  ex  officio^  be  one  of  the  auditors 
of  the  accounts  of  the  Treasurer.  The  General  Assembly  may  as- 
sign to  him  other  duties  in  relation  to  his  office,  and  to  that  of  the 
Treasurer,  and  shall  prescribe  the  manner  in  which  his  duties  shall 
be  performed. 

20.  A  sheriff  shall  be  appointed  in  each  county,  by  the  General 
Assembly,  who  shall  hold  his  office  for  three  years,  removable  by 
said  Assembly,  and  shall  become  bound,  with  sufficient  sureties,  to 
the  Treasurer  of  the  State  for  the  faithful  discharge  of  the  duties 
of  his  office,  in  such  manner  as  shall  be  prescribed  by  law :  in  case 
the  Sheriff  of  any  county  shall  die  or  resign,  the  Governor  may  fill 
the  vacancy  occasioned  thereby,  until  the  same  shall  be  filled  by  the 
General  Assembly. 

21.  A  statement  of  all  receipts,  payments,  funds,  and  debts  of  the 
State,  shall  be  published,  from  time  to  time,  in  such  manner,  and  at 
such  periods,  as  shall  be  prescribed  by  law. 

AETICLE  V. — Of  the  Judicial  DepdHment. 

Sec.  1.  The  judicial  power  of  the  State  shall  be  vested  in  a  Su- 
preme Court  of  Errors,  a  Superior  Court,  and  such  inferior  courts  as 
the  General  Assembly  shall  from  time  to  time,  ordain  and  establish  ; 
the  powers  and  jurisdiction  of  which  courts  shall  be  defined  by  law. 

2.  There  shall  be  appointed  in  each  county  a  sufficient  number  of 
justices  of  the  peace,  with  such  jurisdiction  in  civil  and  criminal 
cases,  as  the  General  Assembly  may  prescribe. 

3.  The  judges  of  the  Supreme  Court  of  Errors,  of  the  Superior 
and  inferior  courts,  and  all  justices  of  the  peace,  shall  be  appointed 
by  the  General  Assembly,  in  such  manner  as  shall  by  law  be  pre- 
scribed. The  judges  of  the  Supreme  Court,  and  of  the  Superior 
Court,  shall  hold  their  offices  during  good  behaviour ;  but  may  be 
removed  by  impeachment :  and  the  Governor  shall  also  remove  them 
on  the  address  of  two-thirds  of  the  members  of  each  house  of  the 


CONNECTICUT.  137 


General  Assembly  ;  all  other  judges  and  justices  of  the  peace  shall 
be  appointed  annually.  No  judge  or  justice  of  the  peace  shall  be 
capable  of  holding  his  office  after  he  shall  arrive  at  the  age  of 
seventy  years. 

ARTICLE  VI.— 0/  the  Quali/icatims  of  Electors. 

Sec.  1.  All  persons  who  have  been,  or  sh^H  hereafter,  previous  to 
the  ratification  of  this  Constitution,  be  admitted  freemen,  according 
to  the  existing  laws  of  this  State,  shall  be  electors. 

2.  Every  white  male  citizen  of  the  United  States,  who  shall  have 
gained  a  settlement  in  this  State,  attained  the  age  of  twenty-one 
years,  and  resided  in  the  town  in  which  he  may  offer  himself  to  be 
admitted  to  the  privilege  of  an  elector,  at  least  six  months  preceding, 
and  have  a  freehold  estate  of  the  yearly  value  of  seven  dollars,  in 
this  State ;  or  having  been  enrolled  in  the  militia,  shall  have  per- 
formed military  duty  therein,  for  the  term  of  one  year  next  preced- 
ing the  time  he  shall  offer  himself  for  admission,  or  being  liable 
thereto,  shall  have  been,  by  authority  of  law,  excused  therefrom ;  or 
shall  have  paid  a  State  tax  within  the  year  next  preceding  the  time 
he  shall  present  himself  for  such  admission,  and  shall  sustain  a  good 
moral  character,  shall,  on  his  taking  such  oath  as  may  be  prescribed 
by  law,  be  an  elector. 

3.  The  privileges  of  an  elector  shall  be  forfeited,  by  a  conviction 
of  bribery,  forgery,  perjury,  duelling,  fraudulent  bankruptcy,  theft, 
or  other  offence,  for  which  an  infamous  punishment  is  inflicted. 

4.  Every  elector  shall  be  eligible  to  any  office  in  this  State,  except 
in  cases,  provided  for  in  this  Constitution. 

5.  The  selectmen  and  town  clerk  of  the  several  towns  shall  decide 
on  the  qualifications  of  electors,  at  such  times,  and  in  such  manner, 
as  may  be  prescribed  by  law. 

6.  Laws  shall  be  made  to  support  the  privilege  of  free  suffrage,  pre- 
scribing the  manner  of  regulating  and  conducting  meetings  of  the  elec- 
tors, and  prohibiting,  under  adequate  penalties,  all  undue  influence 
therein,  from  power,  bribery,  tumult,  and  other  improper  conduct. 

7.  In  all  elections  of  officers  of  the  State,  or  members  of  the 
Greneral  Assembly,  the  votes  of  the  electors  shall  be  by  ballot. 

8.  At  all  elections  of  officers  of  the  State,  or  members  of  the 
General  Assembly,  the  electors  shall  be  privileged  from  arrest  dur- 
ing their  attendance  upon,  and  going  to  and  returning  from,  the 
same,  on  any  civil  process.     * 

9.  The  meetings  of  the  electors  for  the  election  of  the  several 
State  officers,  by  law  annually  to  be  elected,  and  members  of  the 
General  Assembly  of  this  State,  shall  be  holden  on  the  first  Mon- 
day of  April  in  each  year. 

ARTICLE  VII.— 0/  Religion. 
Sec.  1.  It  being  the  duty  of  all  men  to  worship  the  Supreme 
Being,  the  great  Creator  and  Preserver  of  the  Universe,  and  their 


138  CONSTITUTION    OF 


right  to  render  that  worship  in  the  mode  most  consistent  with  the 
dictates  of  their  consciences :  no  person  shall,  by  law,  he  compelled 
to  join  or  support,  nor  be  classed  with,  or  associated  to,  any  congre- 
gation, church,  or  religious  association.  But  every  person  now  be- 
longing to  such  congregation,  church,  or  religious  association,  shall 
remain  a  member  thereof,  until  he  shall  have  separated  himself  there- 
from, in  the  manner  hereinafter  provided.  And  each  and  every  society 
or  denomination  of  Christians  in  this  State,  shall  have  and  enjoy  the 
same  and  equal  powers,  rights,  and  privileges  ;  and  shall  have  power 
and  authority  to  support  and  maintain  the  ministers  or  teachers  of 
their  respective  denominations,  and  to  build  and  repair  houses  for 
public  worship,  by  a  tax  on  the  members  of  any  such  society  only, 
to  be  laid  by  a  major  vote  of  the  legal  voters  assembled  at  any  society 
meeting,  warned  and  held  according  to  law,  or  in  any  other  manner. 
2.  If  any  person  shall  choose  to  separate  himself  from  the  society 
or  denomination  of  Christians  to  which  he  may  belong,  and  shall 
leave  a  written  notice  thereof  with  the  clerk  of  such  society,  he  shall 
thereupon  be  no  longer  liable  for  any  future  expenses  which  may  be 
incurred  by  said  society. 

ARTICLE    VIII.— 0/  Education. 

Sec.  1.  The  charter  of  Yale  College,  as  modified  by  agreement 
with  the  corporation  thereof,  in  pursuance  of  an  act  of  the  General 
Assembly,  passed  in  May,  1792,  is  hereby  confirmed. 

2.  The  ifund,  called  the  School  Fund^  shall  remain  a  perpetual  fund, 
the  interest  of  which  shall  be  inviolably  appropriated  to  the  support 
and  encouragement  of  the  public  or  common  schools  throughout  the 
State,  and  for  the  equal  benefit  of  all  the  people  thereof  The  value 
and  amount  of  said  fund  shall,  as  soon  as  practicable,  be  ascertained 
in  such  manner  as  the  General  Assembly  may  prescribe,  published, 
and  recorded  in  the  Comptroller's  office ;  and  no  law  shall  ever  be  made 
authorizing  said  fund  to  be  diverted  to  any  other  use  than  the  en- 
couragement and  support  of  public  or  common  schools,  among  the 
several  school  societies,  as  justice  and  equity  shall  require. 

ARTICLE    IX.— 0/  Impeachments. 
Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching. 

2.  All  impeachments  shall  be  tried  by  the  Senate.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers present.  When  the  Governor  is  impeached,  the  chief  justice 
shall  preside. 

3.  The  Governor,  and  all  other  executive  and  judicial  officers,  shall 
be  liable  to  impeachment ;  but  judgment  in  such  cases  shall  not  ex- 
tend further  than  to  removal  from  office,  and  disqualifications  to 
hold  any  office  of  honor,  trust,  or  profit,  under  this  State.  The* 
party  convicted  shall,  nevertheless,  be  liable  and  subject  to  indict- 
ment, trial,  and  punishment,  according  to  law. 

4.  Treason  against  the  State  shall  consist  only  in  levying  war 


CONNECTICUT.  139 


against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court.  No  conviction  of  treason  or  attainder  shall  work  cor- 
■  ruption  of  Wood  or  forfeiture. 

ARTICLE  X.— General  Provisions. 

Sec.  1.  Members  of  the  Gleneral  Assembly,  and  all  officers,  execu- 
tive, and  judicial,  shall,  before  they  enter  on  the  duties  of  their  re- 
spective offices,  take  the  following  oath  or  affirmation,  to  wit : 

You  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  you 
will  support  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  Connecticut,  so  long  as  you  continue  a 
citizen  thereof;  and  that  you  will  faithfully  discharge,  according  to 

law,  the  duties  of  the  office  of to  the  best  of  your 

abilities.     So  help  you  God. 

2.  Each  town  shall  annually  elect  selectmen,  and  such  officers  of 
local  police,  as  the  laws  may  prescribe. 

3.  The  rights  and  duties  of  all  corporations  shall  remain  as  if  this 
Constitution  had  not  been  adopted  ;  with  the  exception  of  such  regu- 
lations and  restrictions  as  are  contained  in  this  Constitution.  All 
judicial  and  civil  officers  now  in  office,  who  have  been  appointed  b}' 
the  General  Assembly,  and  commissioned  according  to  law,  and  all 
such  officers  as  shall  be  appointed  by  the  said  Assembly,  and  com- 
missioned as  aforesaid,  before  the  first  Wednesday  of  May  next, 
shall  continue  to  hold  their  offices  until  the  first  day  of  June  next, 
unless  they  shall,  before  that  time,  resign,  or  be  removed  from  office 
according  to  law.  •  The  Treasurer  and  Secretary  shall  continue  in 
office  until  a  Treasurer  and  Secretary  shall  be  appointed  under  this 
Constitution.  All  military  officers  shall  continue  to  hold  and  exer- 
cise their  respective  offices,  until  they  shall  resign,  or  be  removed 
according  to  law.  All  laws  not  contrary  to,  or  inconsistent  with, 
the  provisions  of  this  Constitution,  shall  remain  in  force  until  they 
shall  expire  by  their  own  limitation,  or  shall  be  altered  or  repealed 
by  the  General  Assembly,  in  pursuance  of  this  Constitution.  The 
validity  of  all  bonds,  debts,  contracts,  as  well  of  individuals  as  of 
bodies  corporate,  or  the  State,  of  all  suits,  actions,  or  rights  of  action, 
both  in  law  and  equity,  shall  continue  as  if  no  change  had  taken 
place.  The  Governor,  Lieutenant-Governor,  and  General  Assembl}', 
which  is  to  be  formed  in  October-  next,  shall  have,  and  possess,  all 
the  powers  and  authorities  not  repugnant  to,  or  inconsistent  with, 
this  Constitution,  which  they  now  have  and  possess  until  the  first 
Wednesday  of  May  next. 

4.  No  judge  of  the  Superior  Court,  or  of  the  Supreme  Court  of 

-    Errors :    or  member   of  Congress ;  no   person   holding   any  office 

under  the  authority  of  the  United  States  ;  no  person  holding  the 

office  of  Treasurer,  Secretary,  or  Comptroller ;  no  sheriff  or  sheriff's 

deputy  ;  shall  be  a  member  of  the  General  Assembly. 


140 


CONSTITUTION    OP 


ARTICLE  XI. — Of  Amendments  of  the  Constitution. 
Whenever  a  majority  of  the  House  of  Representatives  shall  deem 
it  necessary  to  alter  or  amend  this  Constitution,  they  may  propose 
such  alterations  and  amendments;  which  proposed  amendments, 
shall  be  continued  to  the  next  General  Assembly,  and  be  published 
with  the  laws  which  may  have  been  passed  at  the  same  session  ;  and 
if  two-thirds  of  each  house,  at  the  next  session  of  said  Assembly, 
shall  approve  the  amendments  proposed,  by  yeas  and  nays,  said 
amendments  shall,  by  the  Secretary,  be  transmitted  to  the  town 
clerk  in  each  town  in  this  State ;  whose  duty  it  shall  be  to  present 
the  same  to  the  inhabitants  thereof,  for  their  consideration,  at  a 
town  meeting,  legally  warned  and  held  for  that  purpose  ;  and  if  it 
shall  appear,  in  a  manner  to  be  provided  by  law,  that  a  majority  of 
the  electors  present  at  such  meetings  shall  have  approved  such 
amendments,  the  same  shall  be  valid,  to  all  intents  and  purposes,  as 
a  part  of  this  Constitution. 

AMENDMENTS  TO  THE  CONSTTUTION. 

ARTICLE    1.— Adopted  November,  1828. 
From  and  after  the  first  Wednesday  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty,  the  Senate  of  this 
State  shall  consist  of  not  less  than  eighteen,  nor  more  than  twenty, 
four  members,  and  be  chosen  by  districts. 

ARTICLE  11.— Adopted  November,  1828. 
The  G-eneral  Assembly  which  shall  be  holden  on  the  first  Wed- 
nesday of  May,  in  the  year  one  thousand  eight  hundred  and  twenty- 
nine,  shall  divide  the  State  into  districts,  for  the  choice  of  senators. 
,and  shall  determine  what  number  shall  be  elected  in  each,  which 
districts  shall  not  be  less  than  eight,  nor  more  than  twenty-four  in 
number,  and  shall  always  be  composed  of  contiguous  territory,  and 
in  forming  them  no  town  shall  be  divided ;  nor  shall  the  whole  or 
part  of  one  county  be  joined  to  the  whole  or  part  of  another  county, 
to  form  a  district ;  regard  being  had  to  the  population  in  said  ap 
portionment,  and  in  forming  said  districts  in  such  manner,  that  no 
county  shall  have  less  than  two  senators.  The  districts,  when  estab- 
lished, shall  continue  the  same  until  the  session  pf  the  General  As- 
sembly next  after  the  completioft  of  the  next  census  of  the  United 
States ;  which  said  Assembly  shall  have  power  to  alter  the  same,  if 
found  necessary  to  preserve  a  proper  equality  between  said  districts 
in  respect  to  the  number  of  inhabitants  therein,  according  to  the  prin- 
ciples above  recited  ;  after  which  said  districts  shall  not  be  altered^ 
nor  the  number  of  senators  altered,  except  at  any  session  of  the  Gene- 
ral Assembly  next  after  the  completion  of  a  census  of  the  United 
States,  and  then  only  according  to  the  principles  above  prescribed. 

ARTICLE  111.— Adopted  November,  1828. 
At  the  meeting  of  the  electors  on  the  first  Monday  of  April,  in 


CONNECTICUT.  "  141 


the  year  one  thousand  eight  hundred  and  thirty,  and  annually 
thereafter,  immediately  after  the  choice  of  representatives,  the  elec- 
tors qualified  by  law  to  vote  in  the  choice  of  such  representatives, 
shall  be  called  upon,  by  the  presiding  officer  in  such  meeting,  in  the 
several  towns- within  their  districts  respectively,  to  bring  in  their 
ballots  for  such  person  or  number  of  persons  to  be  senator  or  sena- 
tors for  such  districts  in  the  next  General  Assembly,  as  shall  by 
law  be  allowed  to  such  districts  respectively  ;  which  person  or  per- 
sons, at  the  time  of  holding  such  meetings,  shall  belong  to  and 
reside  in  the  respective  districts  in  which  they  shall  be  so  balloted 
for  as  aforesaid.  And  each  elector  present  at  such  meeting,  quali- 
fied as  aforesaid,  may  thereupon  bring  in  his  ballot  or  suffrage  for 
such  person  or  persons  as  he  shall  choose  to  be  senators  for  such 
district,  not  exceeding  the  number  by  law  allowed  to  the  same,  with 
the  name  or  names  of  such  person  or  persons,  fairly  written*  on  one 
piece  of  paper.  And  the  votes  so  given  in  shall  be  received,  counted, 
canvassed  and  declared,  in  the  same  manner  now  provided  by  the 
Constitution  for  the  choice  of  senators.  The  person  or  persons  (not 
exceeding  the  number  by  law  allowed  to  the  districts  in  which  such 
votes  shall  be  given  in,)  having  the  highest  number  of  votes,  shall  be 
declared  to  be  duly  elected  for  such  districts.  But  in  the  event  of 
an  equality  of  votes  between  two  or  more  of  the  persons  so  voted 
for,  the  House  of  Representatives  shall  in  the  manner  provided  for 
by  the  Constitution,  designate  which  of  such  person  or  persons  shall 
be  declared  to  be  duly  elected. 

ARTICLE  IV .—Adopted  November,  1831. 
There   shall  annually  be   chosen  and   appointed  a   Lieutenant- 
Governor,  a  Treasurer,  and  Secretary,  in  the  same  manner  as  is 
provided  in  the  second  section  of  the  fourth  article  of  the  Constitu- 
tion of  this  State  for  the  choice  and  appointment  of  a  Governor. 

ARTICLE  Y.— Adopted  November,  1836. 
A  Comptroller  of  public  accounts,  shall  be  annually  chosen  by  the  electors, 
in  their  meeting  in  April,  and  in  the  same  manner  as  the  Treasurer  and  Sec- 
retary are  chosen ;  and  the  votes  for  Comptroller  shall  be  returned  to,  and 
coimted,  canvassed,  and  declared  by  the  Treasurer  and  Secretary. 

ARTICLE  Yl.— Adopted  November,  1836. 

The  electors  in  the  respective  towns,  on  the  first  Monday  of  April  in  each 
year,  may  vote  for  Governor,  Lieutenant-Governor,  Treasurer,  Secretary,  sen- 
ators and  representatives  in  the  General  Assembly,  successively,  or  for  any 
number  of  said  officers  at  the  same  time.  And  the  General  Assembly  shall 
have  power  to  enact  laws,  regulating  and  prescribing  the  order  and  manner  of 
voting  for  said  officers ;  and  also  providing  for  the  election  of  representatives, 
at  some  time  subsequent  to  the  first  Monday  of  April,  in  all  cases  when  it 
shall  so  happen  that  the  electors  in  any  to wn  shall  fail,  on  that  day,  to  elect  the 
representative  or  representatives  to  which  such  town  shall  be  by  law  entitled. 

Provided,  that  in  all  elections  of  officers  of  the  State,  or  members  of  the 
General  Assembly,  the  votes  of  the  electors  shall  be  by  ballot,  either  written  or 
printed. 

*  Amendment,  183G. 


NEW  YORK. 


The  first  settlement  of  this  State  was  made  by  the  Dutch,  in  1614,  on  Man- 
hattan Island.  They  established  a  colonial  government  in  1629,  under  the 
name  of  New  Netherlands.  In  1664,  Charles  II.  granted  to  his  brother,  the 
Duke  of  York,  afterwards  James  II.,  a  patent  of  a  tract  of  country,  compris- 
ing the  present  States  of  New  York  and  New  Jersey.  The  same  year  Col. 
Nichols,  with  a  large  force,  took  the  country  by  conquest,  for  the  Duke  of 
York,  and  gave  it  the  name  of  "  New  York."  In  1673,  the  territory  was  re- 
captured by  the  Dutch ;  but  after  a  few  months  was  restored  by  a  treaty,  and 
the  Duke  of  York  took  out  a  new  patent.  The  first  legislative  body  of  this 
province  assembled  in  Oct.  1683.  In  1693  Episcopacy  was  made  the  estab- 
lished religion  of  this  province. 

New  York  bore  a  very  important  part  both  in  the  French  and  Revolutionary 
wars.  As  it  is  the  most  populous  State  in  the  union,  and  has  the  largest  legis- 
lation in  Congress,  it  has  received  the  appellation  of  the  Empire  State.  The 
first  Constitution  was  adopted  in  1777,  the  second  in  1822.  (See  Appendix.) 
The  present  one  was  adopted  Nov.  3d,  1846. 

Area  46,000  sq.  m.     Population,  1850,  3,090,022. 

The  city  of  New  York  is  the  largest  in  the  United  States.  Its  population 
in  1850  was  515,394,  which,  with  Brooklyn  rn-i  V/illiamsburg  (places  con- 
tiguous), make  a  population  of  more  than  640,000.  The  city  and  county  have 
the  same  limits,  embracing  the  island  of  Manhattan.  It  is  about  14  miles 
long,  and  its  average  width  1^  miles.  The  British  had  possession  of  this  city 
during  most  of  the  Revolution.  They  evacuated  it  Nov.  25,  1783,  when  Gen. 
Washington  with  his  troops  marched  in.  Here  the  first  Congress  assembled 
in  1789,  and  here  was  Gen.  Washington  inaugurated  as  the  first  President  of 
the  United  States  of  America,  April  30, 1789.  The  house  where  the  first  Con- 
gress assembled  occupied  the  place  where  the  Custom  House  now  stands. 

The  chair  in  which  Washington  was  inaugurated,  and  those  occupied  by 
the  members  of  the  first  Congress,  may  now  be  seen  in  the  Common  Council 
Room  of  this  City. 


NEW   YORK.  143 


CONSTITUTION, 

We  the  People  of  the  State  of  New  York,  grateful  to  Almighty  God 
for  our  freedom :  in  order  to  secure  its  blessings,  do  establish  this  Con- 
stitution. 

AETICLE  I. 

Sec.  1.  No  member  of  this  State  shall  he  disfranchised,  or  de- 
prived of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

2.  The  trial  by  jury,  in  all  cases  in  which  it  has  been  heretofore 
used,  shall  remain  inviolate  forever.  But  a  jury  trial  may  be  waived 
by  the  parties  in  all  civil  cases  in  the  manner  to  be  prescribed  by 
law. 

3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  al- 
lowed in  this  State  to  all  mankind  ;  and  no  person  shall  be  rendered 
incompetent  to  be  a  witness  on  account  of  his  opinions  on  matters 
of  religious  belief;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness  or  jus- 
tify practices  inconsistent  with  the  peace  or  safety  of  this  State. 

4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  shall  cruel  and  unusual  punishment  be  inflicted,  nor  shall  wit- 
nesses be  unreasonably  detained. 

6.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
famous crime,  (except  in  cases  of  impeachment,  and  in  cases  of  militia, 
when  in  actual  service  ;  and  the  land  and  naval  forces  in  time  of 
war,  or  which  this  State  may  keep  with  the  consent  of  Congress  in 
time  of  peace  ;  and  in  cases  of  petit  larceny,  under  the  regulation  of 
the  Legislature,)  unless  on  presentment  or  indictment  of  a  grand 
jury ;  and  in  any  trial  in  any  court  whatever,  the  party  accused  shall 
be  allowed  to  appear  and  defend  in  person  and  with  counsel,  as  in 
civil  actions.  No  person  shall  be  subject  to  be  twice  put  in  jeopardy 
for  the  same  oiFcnce  ;  nor  shall  he  be  compelled  in  any  criminal  case, 
to  be  a  witness  against  himself ;  nor  be  deprived  of  life,  liberty  or 
property,  without  due  process  of  law :  nor  shall  private  property 
be  taken  forpubiic  use  Willl^ilt  just"l3ompensation. 

7.  When  private  property  shall  be  taken  for  any  public  use,  the 
compensation  to  be  made  therefor,  when  such  compensation  is  not 
made  by  the  State,  shall  be  ascertained  by  a  jury,  or  by  not  less 
than  three  commissioners  appointed  by  a  Court  of  Record,  as  shall 
be  prescribed  by  law.  Private  roads  may  be  opened  in  the  manner 
to  be  prescribed  by  law  ;  but  in  every  case  the  necessity  of  the  road, 
and  the  amount  of  all  damages  to  be  sustained  by  the  opening  there- 


144  CONSTITUTION   OF 


of,  shall  be  first  determined  by  a  jury  of  freeholders,  and  such 
amount,  together  with  the  expenses  of  the  proceeding,  shall  be  paid 
by  the  person  to  be  benefited. 

8.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right ; 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech, 
or  of  the  press.  In  all  criminal  prosecutions  or  indictments  for 
libels,  the  truth  may  be  given  in  evidence  to  the  jury  ;  and  if  it  shall 
appear  to  the  jury,  that  the  matter  charged  as  libelous  is  true,  and 
was  published  with  good  motives,  and  for  justifiable  ends,  the  party 
shall  be  acquitted  ;  and  the  jury  shall  have  a  right  to  determine  the 
law  and  the  fact. 

9.  The  assent  of  two-thirds  of  the  members  elected  to  each  branch 
of  the  Legislature,  shall  be  requisite  to  every  bill  appropriating  the 
public  moneys  or  property  for  local  or  private  purposes. 

10.  No  law  shall  be  passed,  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government,  or  any  de- 
partment thereof,  nor  shall  any  divorce  be  granted,  otherwise  than 
by  due  judicial  proceedings,  nor  shall  any  lottery  hereafter  be  au- 
thorized, or  any  sale  of  lottery  tickets  allowed  within  this  State. 

11.  The  people  of  this  State,  in  their  right  of  sovereignty,  are 
deemed  to  possess  the  original  and  ultimate  property  in  and  to  all 
lands  within  the  jurisdiction  of  the  State  ;  and  all  lands  the  title  to 
which  shall  fail  from  a  defect  of  heirs,  shall  revert,  or  escheat  to  the 
people. 

12.  All  feudal  tenures  of  every  description,  with  all  their  inci- 
dents, are  declared  to  be  abolished,  saving  however,  all  rents  and 
services  certain  which  at  any  time  heretofore  have  been  lawfully  cre- 
ated or  reserved. 

13.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that, 
subject  only  to  the  liability  to  escheat,  the  entire  and  absolute  prop- 
erty is  vested  in  the  owners  according  to  the  nature  of  their  respec- 
tive estates. 

14.  No  lease  or  grant  of  agricultural  land,  for  a  longer  period 
than  twelve  years,  hereafter  made,  in  which  shall  be  resea-ved  any 
rent  or  service  of  any  kind,  shall  be  valid. 

15.  All  fines,  quarter  sales,  or  other  like  restraints  upon  aliena- 
tion reserved  in  any  grant  of  land,  hereafter  to  be  made,  shall  be 
void. 

16.  No  purchase  or  contract  for  the  sale  of  lands  in  this  State, 
made  since  the  fourteenth  day  of  October  one  thousand  seven  hun- 
dred and  seventy-five  ;  or  which  may  hereafter  be  made,  of,  or  with 
the  Indians,  shall  be  valid,  unless  made  under  the  authority,  and 
with  the  consent  of  the  Legislature. 

17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  Legis- 
lature of  the  colony  of  New-York,  as  together  did  form  the  law  of 
the  said  colony,  on  the  nineteenth  day  of  April  one  thousand  seven 
hundred  and  seventy-five,  and  the  resolutions  of  the  Congress  of 


NEW    YORK.  145 


the  said  colony,  and  of  the  Convention  of  the  State  of  New- York,  in 
force  on  the  twentieth  day  of  April,  one  thousand  seven  hundred  and 
seventy-seven,  which  have  not  since  expired,  or  be^en  repealed  or  al- 
tered ;  and  such  acts  of  the  Legislature  of  this  State  as  are  now  in 
force,  shall  be  and  continue  the  law  of  this  State,  subject  to  such 
alterations  as  the  Legislature  shall  make  concerning  the  same.  But 
all  such  parts  Of  the  common  law,  and  such  of  the  said  acts,  or  parts 
thereof,  as  are  repugnant  to  this  Constitution,  are  hereby  abrogated ; 
and  the  Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  appoint  three  commissioners,  whose  duty  it  shall 
be  to  reduce  into  a  written  and  systematic  code  the  whole  body  of 
the  law  of  this  State,  or  so  much  and  such  parts  thereof  as  to  the 
said  commissoners  shall  seem  practicable  and  expedient.  And  the 
said  commissioners  shall  specify  such  alterations  and  amendments 
therein  as  they  shall  deem  proper,  and  they  shall  at  all  times  make 
reports  of  their  proceedings  to  the  Legislature,  when  called  upon  to 
do  so  ;  and  the  Legislature  shall  pass  laws  regulating  the  tenure  of 
office,  the  filling  of  vacancies  therein,  and  the  compensation  of  the 
said  commissioners ;  and  shall  also  provide  for  the  publication  of 
the  said  code,  prior  to  its  being  presented  to  the  Legislature  for 
adoption. 

18.  All  grants  of  land  within  this  State,  made  by  the  King  of 
Great  Britain,  or  persons  acting  under  his  authority,  after  the  four- 
teenth day  of  October,  one  thousand  seven  hundred  and  seventy- 
five,  shall  be  null  and  void  ;  but  nothing  contained  in  this  Consti- 
tution shall  affect  any  grants  of  land  within  this  State,  made  by  the 
authority  of  the  said  King  or  his  predecessors,  or  shall  annul  any  char- 
ters to  bodies  politic  and  corporate,  by  him  or  them  made,  before 
that  day ;  or  shall  affect  any  such  grants  or  charters  since  made  by 
this  State,  or  by  persons  acting  under  its  authority,  or  shall  impair 
the  obligation  of  any  debts  contracted  by  this  State,  or  individuals, 
or  bodies  corporate,  or  any  other  rights  of  property,  or  any  suits, 
actions,  rights  of  action,  or  other  proceedings  in  courts  of  justice. 

ARTICLE    IL 

Sec.  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who  shall 
have  been  a  citizen  for  ten  days,  and  an  inhabitant  of  this  State  one 
year  next  preceding  any  election,  and  for  the  last  four  months  a  resi- 
dent of  the  county  where  he  may  offer  his  vote,  shall  be  entitled  to 
vote  at  such  election  in  the  election  district  of  which  he  shall  at  the 
time  be  a  resident,  and  not  elsewhere,  for  all  officers  that  now  are 
or  hereafter  may  be  elective  by  the  people  ;  but  such  citizen  shall 
have  been  for  thirty  days  next  preceding  the  election,  a  resident  of 
the  district  from  which  the  officer  is  to  be  chosen  for  whom  he  offers 
his  vote.  But  no  man  of  color,  unless  he  shall  have  been  for  three 
years  a  citizen  of  this  State,  and  for  one  year  next  preceding  any 
election  shall  have  been  seized  and  possessed  of  a  freehold  estate  of 
the  value  of  two  hundred  and  fifty  dollars,  over  and  above  all  debts 


146 


CONSTITUTION   OP 


and  incumbrances  charged  thereon,  and  shall  have  been  actually 
rated,  and  paid  a  tax  thereon,  shall  be  entitled  to  Vote  at  such  elec- 
tion. And  no  person  of  color  shall  be  subject  to  direct  taxation 
unless  he  shall  be  seized  and  possessed  of  such  real  estate  as  afore- 
said. 

2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage  all 
persons  who  have  been  or  may  be  convicted  of  bribery,  or  larceny,  or 
of  any  infamous  crime ;  and  for  depriving  every  person  who  shall 
make,  or  become  directly  or  indirectly  interested  in  any  bet  or  wa- 
ger depending  upon  the  result  of  any  election,  from  the  right  to  vote 
at  such  election. 

3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence,  by  reason  of  his  presence  or  absence, 
while  employed  in  the  service  of  the  United  States ;  nor  while  en- 
gaged in  the  navigation  of  the  waters  of  this  State,  or  of  the  United 
States,  or  of  the  high  seas  ;  nor  while  a  student  of  any  seminary  of 
learning ;  nor  while  kept  at  any  alms-house,  or  other  asylum,  at 
public  expense  ;  nor  while  confined  in  any  public  prison. 

4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs  the  citi 
zens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  established. 

5.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for  such 
town  officers  as  may  by  law  be  directed  to  be  otherwise  chosen. 

ARTICLE  III. 

Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  Assembly. 

2.  The  Senate  shall  consist  of  thirty-two  members,  and  the  sena- 
tors shall  be  chosen  for  two  years.  The  Assembly  shall  consist  of 
one  hundred  and  twenty-eight  members,  who  shall  be  annually 
elected. 

3.  The  State  shall  be  divided  into  thirty-two  districts,  to  be  called 
Senate  districts,  each  of  which  shall  choose  one  Senator.  The  dis- 
tricts shall  be  numbered  from  one  to  thirty-two  inclusive. 

District  number  one  ( 1 ),  shall  consist  of  the  counties  of  Suffolk. 
Richmond  and  Queens. 

District  mtmber  two  (2),  shall  consist  of  the  county  of  Kings. 

Districts  number  three  (3),  number  four  (4),  number  five  (5),  and 
number  six  (6),  shall  consist  of  the  city  and  county  of  New- York  ; 
and  the  board  of  supervisors  of  said  city  and  county  shall,  on  or  be- 
fore the  first  day  of  May,  one  thousand  eight  hundred  and  forty- 
seven,  divide  the  said  city  and  county  into  the  number  of  Senate 
Districts,  to  which  it  is  entitled,  as  near  as  may  be  of  an  equal 
number  of  inhabitants,  excluding  aliens  and  persons  of  color  not 
taxed,  and  consisting  of  convenient  and  contiguous  territory ;  and 
no  Assembly  District  shall  be  divided  in  the  formation  of  a  Senate 
District.  The  board  of  supervisors,  when  they  shall  have  completed 
such  division,  shall  cause  certificates  thereof,  stating  the  number 
and  boundaries  of  each  district  and  the  population  thereof,  to  bo 


NEW   YORK.  147 


filed  in  the  ofl&ce  of  the  Secretary  of  State,  and  of  the  clerk  of  the 
said  city  and  county. 

District  number  seven  (7),  shall  consist  of  the  counties  of  West- 
chester, Putnam  and  Rockland. 

District  number  eight  (8),  shall  consist  of  the  counties  of  Dutchess 
and  Columbia. 

District  number  nine  (9),  shall  consist  of  the  counties  of  Orange 
and  Sullivan. 

District  number  ten  (10),  shall  consist  of  the  counties  of  Ulster 
and  Greene. 

District  number  eleven  (11),  shall  consist  of  the  counties  of  Al- 
bany and  Schenectady. 

District  number  twelve  (12),  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirteen  (13),  shall  consist  of  the  counties  of 
Washington  and  Saratoga. 

District  number  fourteen  (14),  shall  consist  of  the  counties  of 
Warren,  Essex,  and  Clinton. 

District  number  fifteen  (15),  shall  consist  of  the  counties  of  St 
Lawrence  and  Franklin. 

District  number  sixteen  (16),  shall  consist  of  the  counties  of  Her- 
kimer, Hamilton,  Fulton  and  Montgomery. 

District  number  seventeen  (17),  shall  consist  of  the  counties  of 
Schoharie  and  Delaware. 

District  number  eighteen  (18),  shall  consist  of  the  counties  of 
Otsego  and  Chenango. 

District  number  nineteen  (19),  shall  consist  of  the  county  of 
Oneida. 

District  number  twenty  (20),  shall  consist  of  the  counties  of 
Madison  and  Oswego. 

District  number  twenty-one  (21),  shall  consist  of  the  counties  of 
Jefferson  and  Lewis. 

District  number  twenty- two  (22),  shall  consist  of  the  county  of 
Onondaga. 

District  number  twenty- three  (23),  shall  consist  of  the  counties  of 
Cortland,  Broome  and  Tioga. 

District  number  twenty-four  (24),  shall  consist  of  the  counties  of 
Cayuga  and  Wayne. 

District  number  twenty-five  (25),  shall  consist  of  the  counties  of 
Tompkins,  Seneca  and  Yates. 

District  number  twenty-six  (26),  shall  consist  of  the  counties  of 
Steuben  and  Chemung. 

District  number  twenty-seven  (27),  shall  consist  of  the  county  of 
Munroe. 

District  number  twenty-eight  (28),  shall  consist  of  the  counties 
of  Orleans,  Genesee  and  Niagara. 

District  number  twenty-nine  (29),  shall  consist  of  the  counties 
of  Ontario  and  Livingston. 


148  CONSTITUlriON    OF 


District  number  thirty  (30),  sliall  consist  of  the  counties  of  Alle- 
gany and  Wyoming. 

District  number  thirty-one  (31),  shall  consist  of  the  county  of 
Erie. 

District  number  thirty-two  (32),  shall  consist  of  the  counties  of 
Chautauque  and  Cattaraugus. 

4.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken, 
under  the  direction  of  the  Legislature,  in  the  year  one  thousand 
eight  hundred  and  fifty-five,  and  at  the  end  of  every  ten  years  there- 
after ;  and  the  said  districts  shall  be  so  altered  by  the  Legislature, 
at  the  first  session  after  the  return  of  every  enumeration,  that  each 
Senate  district  shall  contain,  as  nearly  as  may  be,  an  equal  number 
of  inhabitants,  excluding  aliens,  and  persons  of  color  not  taxed  ;  and 
shall  remain  unaltered  until  the  return  of  another  enumeration,  and 
shall  at  all  times  consist  of  contiguous  territory ;  and  no  county 
shall  be  divided  in  the  formation  of  a  Senate  district,  except  such 
county  shall  be  equitably  entitled  to  two  or  more  Senators. 

5.  The  members  of  Assembly  shall  be  apportioned  among  the 
several  counties  of  this  State,  by  the  Legislature,  as  nearly  as  may 
be,  according  to  the  number  of  their  respective  inhabitants,  exclud- 
ing aliens,  and  persons  of  color  not  taxed,  and  shall  be  chosen  by 
single  districts. 

The  several  boards  of  supervisors  in  such  counties  of  this  State 
as  are  now  entitled  to  more  than  one  member  of  Assembly,  shall 
assemble  on  the  first  Tuesday  of  January  next,  and  divide  their  re- 
spective counties  into  Assembly  districts  equal  to  the  number  of 
members  of  Assembly  to  which  such  counties  are  now  severaly  en- 
titled by  law,  and  shall  cause  to  be  filed  in  the  offices  of  the  Secre- 
tary of  State  and  the  clerks  of  their  respective  counties,  a  description 
of  such  Assembly  districts,  specifying  the  number  of  each  district 
and  the  population  thereof,  according  to  the  last  preceding  State 
enumeration,  as  near  as  can  be  ascertained.  Each  Assembly  district 
shall  contain,  as  nearly  as  may  be,  an  equal  number  of  inhabitants, 
excluding  aliens,  and  persons  of  color  not  taxed,  and  shall  consist  of 
convenient  and  contiguous  territory ;  but  no  town  shall  be  divided 
in  the  formation  of  Assembly  districts. 

The  Legislature,  at  its  first  session  after  the  return  of  every 
enumeration,  shall  re-apportion  the  members  of  Assembly  among 
the  several  counties  of  this  State,  in  manner  aforesaid,  and  the  boards 
of  supervisors  in  such  counties  as  may  be  entitled,  under  such  re- 
apportionment, to  more  than  one  member,  shall  assemble  at  such 
time  as  the  Legislature  making  such  re-apportionment  shall  pre- 
scribe, and  divide  such  counties  into  Assembly  districts,  in  the 
manner  herein  directed ;  and  the  apportionment  and  districts  so  to 
be  made,  shall  remain  unaltered  until  another  enumeration  shall  be 
taken  under  the  provisions  of  the  preceding  section. 

Every  county  heretofore  established  and  separately  organized, 
except  the   county  of  Hamilton,  shall   always  be  entitled  to  one 


NEW   YORK.  149 


member  of  the  Assembly,  and  no  new  county  shall  be  hereafter 
erected,  unless  its  population  shall  entitle  it  to  a  member. 

The  county  of  Hamilton  shall  elect  with  the  county  of  Fulton, 
until  the  population  of  the  county  of  Hamilton  shall,  according  to 
the  ratio,  be  entitled  to  a  member. 

6.  The  members  of  the  Legislature  shall  receive  for  their  services 
a  sum  not  exceeding  three  dollars  a  day,  from  the  commencement  of 
the  session ;  but  such  pay  shall  not  exceed  in  the  aggregate  three 
hundred  dollars  for  per  diem  allowance,  except  in  proceedings  for 
impeachment.  The  limitation  as  to  the  aggregate  compensation 
shall  not  take  effect  until  the  year  one  thousand  eight  hundred  and 
forty-eight.  When  convened  in  extra  session  by  the  Governor,  they 
shall  receive  three  dollars  per  day.  They  shall  also  receive  the  sum 
of  one  dollar  for  every  ten  miles  they  shall  travel,  in  going  to  and 
returning  from  their  place  of  meeting,  on  the  most  usual  route. 
The  Speaker  of  the  Assembly  shall,  in  virtue  of  his  office,  receive  an 
additional  compensation  equal  to  one-third  of  his  per  diem  allowance 
as  a  member. 

7.  No  member  of  the  Legislature  shall  receive  any  civil  appoint- 
ment within  this  State,  or  to  the  Senate  of  the  United  States,  from 
the  Governor,  the  Governor  and  Senate,  or  from  the  Legislature, 
during  the  term  for  which  he  shall  have  been  elected  :  and  all  such 
appointments,  and  all  votes  given  for  any  such  member,  for  any  such 
office  or  appointment,  shall  be  void. 

8.  No  person  being  a  member  of  Congress,  or  holding  any  judicial 
or  military  office  under  the  United  States,  shall  hold  a  seat  in  the 
Legislature.  And  if  any  person  shall,  after  his  election  as  a  mem- 
ber of  the  Legislature,  be  elected  to  Congress,  or  appointed  to  any 
office,  civil  or  military,  under  the  Government  of  the  United  States, 
his  acceptance  thereof  shall  vacate  his  seat. 

9.  The  elections  of  Senators  and  members  of  Assembly,  pursuant 
to  the  provisions  of  this  Constitution,  shall  be  held  on  the  Teusday 
succeeding  the  first  Monday  of  November,  unless  otherwise  directed 
by  the  Legislature, 

10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business.  Each  house  shall  determine  the  rules  of  its  own  proceed- 
ings, and  be  the  judge  of  the  elections,  returns  and  qualifications  of 
its  own  members  ;  shall  choose  its  own  officers ;  and  the  Senate  shall 
choose  a  temporary  president,  when  the  Lieutenant-Governor  shall 
not  attend  as  president,  or  shall  act  as  Governor. 

11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish the  same,  except  such  parts  as  may  require  secrecy.  The  doors 
of  each  house  shall  be  kept  open,  except  when  the  public  welfare 
shall  require  secrecy.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days. 

12.  For  any  speech  or  debate  in  either  house  of  the  Legislature, 
the  members  shall  not  be  questioned  in  any  other  place. 


150  CONSTITUTION   OF 


13.  Any  bill  may  originate  in  either  house  of  the  Legislature, 
and  all  bills  passed  by  one  house  may  be  amended  by  the  other. 

14.  The  enacting  clause  of  all  bills  shall  be,  "  The  people  of  the 
State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact 
as  follows  :  "  and  no  law  shall  be  enacted  except  by  bill. 

15.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of 
all  the  members  elected  to  each  branch  of  the  Legislature,  and  the 
question  upon  the  final  passage  shall  be  taken  immediately  upon  its 
last  reading,  and  the  yeas  and  nays  entered  on  the  journal. 

16.  No  private  or  local  bill,  which  may  be  passed  by  the  Legisla- 
ture, shall  embrace  more  than  one  subject,  and  that  shall  be  expressed 
in  the  title. 

1 7.  The  Legislature  may  confer  upon  the  boards  of  supervisors  of 
the  several  counties  of  the  State,  such  further  powers  of  local  legis- 
lation and  administration,  as  they  shall  from  time  to  time  prescribe. 

AKTICLE  IV. 

Sec.  1.  The  executive  power  shall  be  vested  in  a  Governor,  who 
shall  hold  his  office  for  two  years :  a  Lieutenant-Governor  shall  be 
chosen  at  the  same  time,  and  for  the  same  term. 

2.  No  person,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  Governor,  nor  shall  any  person  be  eligible  to 
that  office,  who  shall  not  have  attained  the  age  of  thirty  years,  and 
who  shall  not  have  been  five  years  next  preceding  his  election,  a 
resident  within  this  State. 

3.  The  Governor  and  Lieutenant-Governor  shall  be  elected  at  the 
times  and  places  of  choosing  members  of  the  Assembly.  The  per- 
sons respectively  having  the  highest  number  of  votes  for  Governor 
and  Lieutenant-Governor,  shall  be  elected ;  but  in  case  two  or  more 
shall  have  an  equal  and  the  highest  number  of  votes  for  Governor, 
or  for  Lieutenant-Governor,  the  two  houses  of  the  Legislature,  at 
its  next  annual  session,  shall,  forthwith,  by  joint  ballot,  choose  one 
of  the  said  persons  so  having  an  equal  and  the  highest  number  of 
votes  for  Governor,  or  Lieutenant-Governor. 

4.  The  Governor  shall  be  commander-in-chief  of  the  military  and 
naval  forces  of  the  State.  He  shall  have  power  to  convene  the 
Legislature  (or  the  Senate  only)  on  extraordinary  occasions.  He 
shall  communicate  by  message  to  the  Legislature,  at  every  session, 
the  condition  of  the  State,  and  recommend  such  matters  to  them 
as  he  shall  judge  expedient.  He  shall  transact  all  necessary  busi- 
ness with  the  officers  of  Government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon  by  the  Legisla- 
ture, and  shall  take  care  that  the  laws  are  faithfully  executed.  He 
•shall,  at  stated  times,  receive  for  his  services  a  compensation  to  be 
established  by  law,  which  shall  neither  be  increased  nor  diminished 
after  his  election  and  during  his  continuance  in  office. 

5.  The  Governor  shall  have  the  power  to  grant  reprieves,  commu- 


NEW    YORK.  .       151 


tatioDS  and  pardons  after  conviction,  for  all  offences  except  treason 
and  cases  of  impeachment,  upon  such  conditions,  and  with  such  re- 
strictions and  limitations,  as  he  may  think  proper,  subject  to  such 
regulation  as  may  be  provided  by  law  relative  to  the  manner  of  ap- 
plying for  pardons.  Upon  conviction  for  treason,  he  shall  have  power 
to  suspend  the  execution  of  the  sentence,  until  the  case  shall  be  re- 
ported to  the  Legislature  at  its  next  meeting,  when  the  Legislature 
shall  either  pardon,  or  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He  shall  annually  com- 
municate to  the  Legislature  each  case  of  reprieve,  commutation  or 
pardon  granted  ;  stating  the  name  of  the  convict,  the  crime  of  which 
he  was  convicted,  the  sentence  and  its  date,  and  the  date  of  the  com- 
mutation, pardon  or  reprieve. 

6.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal 
from  office,  death,  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  resignation  or  absence  from  the  State,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  Lieutenant-Grovernor  for 
the  residue  of  the  term,  or  until  the  disability  shall  cease.  But  when 
the  Governor  shall,  with  the  consent  of  the  Legislature,  be  out  of  the 
State  in  time  of  war,  at  the  head  of  a  military  force  thereof,  he  shall 
continue  commander-in-chief  of  all  the  military  force  of  the  State. 

7.  The  Lieutenant  Governor  shall  possess  the  same  qualifications 
of  eligibility  for  office  as  the  Governor.  He  shall  be  President  of 
the  Senate,  but  shall  only  have  a  casting  vote  therein.  If  during  a 
vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor  shall  be 
impeached,  displaced,  resign,  die,  or  become  incapable  of  performing 
the  duties  of  his  office,  or  be  absent  from  the  State,  the  President 
of  the  Senate  shall  act  as  Governor,  until  the  vacancy  be  filled,  or 
the  disability  shall  cease. 

8.  The  Lieutenant-Governor  shall,  while  acting  as  such,  receive  a 
compensation  which  shall  be  fixed  by  law,  and  which  shall  not  be 
increased  or  diminished  during  his  continuance  in  office. 

9.  Every  bill  which  shall  have  passed  the  Senate  and  Assembly, 
shall,  before  it  becomes  a  law,  be  presented  to  the  Governor :  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his  ob- 
jections to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.  If  after  such  reconsideration,  two-thirds  of  the  members 
present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered ; 
and  if  approved  by  two-thirds  of  all  the  members  present,  it  shall 
become  a  law,  notwithstanding^  the  objections  of  the  Governor.  But 
in  all  such  cases,  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  members  voting  for  and  against 
the  bill,  shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 


152  CONSTITUTION   OP 


the  Legislature  shall,  by  their  adjournment,  prevent  its  return ;  in 
which  case  it  shall  not  be  a  law. 

ARTICLE  y. 

Sec.  1.  The  Secretary  of  State,  Comptroller,  Treasurer  and  At- 
torney-General shall  be  chosen  at  a  general  election,  and  shall  hold 
their  ofl&ces  for  two  years.  Each  of  the  officers  in  this  article 
named  (except  the  Speaker  of  the  Assembly),  shall  at  stated  times, 
during  his  continuance  in  office,  receive  for  his  services,  a  compensa- 
tion, which  shall  not  be  increased  or  diminished  during  the  term  for 
which  he  shall  have  been  elected ;  nor  shall  he  receive,  to  his  use, 
any  fees  or  perquisites  of  office,  or  other  compensation. 

2.  A  State  Engineer  and  Surveyor  shall  be  chosen  at  a  general 
election,  and  shall  hold  his  office  two  years,  but  no  person  shall  be 
elected  to  said  office  who  is  not  a  practical  engineer. 

3.  Three  canal  commissioners  shall  be  chosen  at  the  general  elec- 
tion, which  shall  be  held  next  after  the  adoption  of  this  Constitution  ; 
one  of  whom  shall  hold  his  office  for  one  year,  one  for  two  years,  and 
one  for  three  years.  The  commissioners  of  the  canal  fund  shall 
meet  at  the  Capital  on  the  first  Monday  of  January,  next  after  such 
election,  and  determine  by  lot  which  of  said  commissioners  shall 
hold  his  office  for  one  year,  which  for  two,  and  which  for  three  years  ; 
and  there  shall  be  elected  annually,  thereafter,  one  canal  commis- 
sioner, who  shall  hold  his  office  for  three  years. 

4.  Three  inspectors  of  State  Prisons  shall  be  elected  at  the  gene- 
ral election  which  shall  be  held  next  after  the  adoption  of  this  Con- 
stitution, one  of  whom  shall  hold  his  office  for  one  year,  one  for  two 
years,  and  one  for  three  years.  The  Governor,  Secretary  of  State, 
and  Comptroller,  shall  meet  at  the  Capital  on  the  first  Monday  of 
January  next  succeeding  such  election,  and  determine  by  lot  which 
of  said  inspectors  shall  hold  his  office  for  one  year,  which  for  two, 
and  which  for  three  years  ;  and  there  shall  be  elected  annually  there- 
after one  inspector  of  State  Prisons,  who  shall  hold  his  office  for 
three  years  ;  said  inspectors  shall  have  the  charge  and  superintend- 
ence of  the  State  Prisons,  and  shall  appoint  all  the  officers  therein. 
All  vacancies  in  the  office  of  such  inspector  shall  be  filled  by  the 
Governor,  till  the  next  election. 

5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly,  Secretary 
of  State,  Comptroller,  Treasurer,  Attorney-General,  and  State  Engi- 
neer and  Surveyor,  shall  be  the  commissioners  of  the  land-office. 

The  Lieutenant-Governor,  Secretary  of  State.  Comptroller,  Trea- 
surer, and  Attorney-General,  shall  be  the  commissioners  of  the 
canal  fund. 

The  canal  board  shall  consist  of  the  commissioners  of  the  canal 
fand,  the  State  Engineer  and  Surveyor,  and  the  canal  commissioners. 

6.  The  powers  and  duties  of  the  respective  boards,  and  of  the 
several  officers  in  this  article  mentioned,  shall  be  such  as  now  are  or 
hereafter  may  be  prescribed  by  law. 


NEW    YORK.  153 


7.  The  Treasurer  may  be  suspended  from  office  by  the  Grovernor, 
during  the  recess  of  the  Legislature,  and  until  thirty  days  after  the 
commencement  of  the  next  session  of  the  Legislature,  whenever  it 
shall  appear  to  him  that  such  Treasurer  has,  in  any  particular,  vio- 
lated his  duty.  The  Governor  shall  appoint  a  competent  person  to 
discharge  the  duties  of  the  office,  during  such  suspension  of  the 
Treasurer. 

8.'  All  offices  for  the  weighing,  gauging,  measuring,  culling  or 
inspecting  any  merchandize,  produce,  manufacture  or  commodity, 
whatever,  are  hereby  abolished,  and  no  such  office  shall  hereafter  be 
created  by  law ;  but  nothing  in  this  section  contained,  shall  abrogate 
any  office  created  for  the  purpose  of  protecting  the  public  health,  or  the 
interests  of  the  State  in  its  property,  revenue,  tolls,  or  purchases,  or 
of  supplying  the  people  with  correct  standards  of  weights  and  meas- 
ures, or  shall  prevent  the  creation  of  any  office  for  such  purposes 
hereafter. 

ARTICLE  VI 

Sec.  1.  The  Assembly  shall  have  the  power  of  impeachment,  by 
the  vote  of  a  majority  of  all  the  members  elected.  The  court  for 
the  trial  of  impeachments,  shall  be  composed  of  the  President  of 
the  Senate,  the  senators,  or  a  major  part  of  them,  and  the  judges  of 
the  Court  of  Appeals,  or  the  major  part  of  them.  On  the  trial  of  an 
impeachment  against  the  Governor,  the  Lieutenant-Governor  shall 
act  as  a  member  of  the  court.  No  judicial  officer  shall  exercise  his 
office  after  he  shall  have  been  impeached,  until  he  shall  have  been 
acquitted.  Before  the  trial  of  an  impeachment,  the  members  of  the 
court  shall  take  an  oath  or  affirmation,  truly  and  impartially  to  try 
the  impeachment,  accordiijg  to  evidence  ;  and  no  person  shall  be  con- 
victed, without  the  concurrence  of  two-thirds  of  the  members  present. 
Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  this  State  ; 
but  the  party  impeached  shall  be  liable  to  indictment  and  punish- 
ment according  to  law. 

2.  There  shall  be  a  Court  of  Appeals,  composed  of  eight  judges, 
of  whom  four  shall  be  elected  by  the  electors  of  the  State  for  eight 
years,  and  four  selected  from  the  class  of  justices  of  the  Supreme 
Court  having  the  shortest  time  to  serve.  Provision  shall  be  made 
by  law,  for  designating  one  of  the  number  elected,  as  chief  judge, 
and  for  selecting  such  justices  of  the  Supreme  Court,  from  time  to 
time,  and  for  so  classifying  those  elected,  that  one  shall  be  elected 
every  second  year. 

3.  There  shall  be  a  Supreme  Court  having  general  jurisdiction  in 
law  and  equity. 

4.  The  State  shall  be  divided  into  eight  judicial  districts,  of  which 
the  city  of  New-York  shall  be  one ;  the  others  to  be  bounded  by 
county  lines,  and  to  be  compact  and  equal  in  population  as  nearly  as 


154  CONSTITUTION   OF 


may  be.  There  shall  be  four  justices  of  the  Supreme  Court  in  each 
district,  and  as  many  more  in  the  district  composed  of  the  city  of 
New-York,  as  may  from  time  to  time  be  authorized  by  law.  but  not 
to  exceed  in  the  whole  such  number  in  proportion  to  its  population, 
as  shall  be  in  conformity  with  the  number  of  such  judges  in  the  resi- 
due of  the  State  in  proportion  to  its  population.  They  shall  be 
classified  so  that  one  of  the  justices  of  each  district  shall  go  out  of 
ofl&ce  at  the  end  of  every  two  years.  After  the  expiration  of  their 
terms  under  such  classification,  the  term  of  their  office  shall  be 
eight  years. 

5.  The  Legislature  shall  have  the  same  powers  to  alter  and  regu- 
late the  jurisdiction  and  proceedings  in  law  and  equity,  as  they  have 
heretofore  possessed. 

6.  Provision  may  be  made  by  law  for  designating  from  time  to 
time,  one  or  more  of  the  said  justices,  who  is  not  a  judge  of  the 
Court  of  Appeals,  to  preside  at  the  general  terms  of  the  said  court, 
to  be  held  in  the  several  districts.  Any  three  or  more  of  the  said 
justices,  of  whom  one  of  the  said  justices  so  designated  shall  al- . 
ways  be  one,  may  hold  such  general  terms.  And  any  one  or  more 
of  the  justices  may  hold  special  terms  and  circuit  courts,  and  any' 
one  of  them  may  preside  in  courts  of  oyer  and  terminer  in  any 
county. 

7.  The  judges  of  the  Court  of  Appeals  and  justices  of  the  Su- 
preme Court  shall  severally  receive  at  stated  times  for  their  services, 
a  compensation  to  be  established  by  law,  which  shall  not  be  increased 
or  diminished  during  their  continuance  in  office. 

8.  They  shall  not  hold  any  other  office  of  public  trust.  All  votes 
for  either  of  them,  for  any  elective  office  (except  that  of  justice  of 
the  Supreme  Court,  or  judge  of  the  Court  of  Appeals,)  given  by  the 
Legislature  or  the  people,  shall  be  void.  They  shall  not  exercise 
any  power  of  appointment  to  public  office.  Any  male  citizen  of  the 
age  of  twenty-one  years,  of  good  moral  character,  and  who  possesses 
the  requisite  qualifications  of  learning  and  ability,  shall  be  entitled 
to  admission  to  practice  in  all  the  courts  of  this  State. 

9.  The  classification  of  the  justices  of  the  Supreme  Court ;  the 
times  and  place  of  holding  the  terms  of  the  Court  of  Appeals,  and 
of  the  general  and  special  terms  of  the  Supreme  Court  within  the 
several  districts,  and  the  circuit  courts  and  courts  of  oyer  and  ter- 
miner within  the  several  counties,  shall  be  provided  for  by  law. 

10.  The  testimony  in  equity  cases  shall  be  taken  in  like  manner 
as  in  cases  at  law. 

11.  Justices  of  the  Supreme  Court  and  judges  of  the  Court  of 
Appeals,  may  be  removed  by  concurrent  resolutions  of  both  houses 
of  the  Legislature,  if  two-thirds  of  all  the  members  elected  to  the 
Assembly  and  a  majority  of  all  the  members  elected  to  the  Senate, 
concur  therein.  All  judicial  officers,  except  those  mentioned  in  this 
section,  and  except  justices  of  the  peace,  and  judges  and  justices  of 
inferior  courts  not  of  record,  may  be  removed  by  the  Senate,  on  the 


NEW   YORK.  155 


recommendation  of  the  Governor ;  but  no  removal  shall  be  made  by 
virtue  of  this  section,  unless  the  cause  thereof  be  entered  on  the 
journals,  nor  unless  the  party  complained  of,  shall  have  been  served 
with  a  copy  of  the  complaint  against  him,  and  shall  have  had  an 
opportunity  of  being  heard  in  his  defense.  On  the  question  of  re- 
moval, the  ayes  and  noes  shall  be  entered  on  the  journals. 

12.  The  judges  of  the  Court  of  Appeals  shall  be  elected  by  the 
electors  of  the  State,  and  the  justices  of  the  Supreme  Court  by  the 
electors  of  the  several  judicial  districts,  at  such  times  as  may  be 
prescribed  by  law. 

13.  In  case  the  office  of  any  judge  of  the  Court  of  Appeals,  or 
justice  of  the  Supreme  Court,  shall  become  vacant  before  the  expi- 
ration of  the  regular  term  for  which  he  was  elected,  the  vacancy 
may  be  filled  by  appointment  by  the  Grovernor,  until  it  shall  be  sup- 
plied at  the  next  general  election  of  judges,  when  it  shall  be  filled 
by  election  for  the  residue  of  the  unexpired  term. 

14.  There  shall  be  elected  in  each  of  the  counties  of  this  State, 
except  the  city  and  county  of  New-York,  one  county  judge,  who 
shall  hold  his  office  for  four  years.  He  shall  hold  the  county  court, 
and  perform  the  duties  of  the  office  of  surrogate.  The  county  court 
shall  have  such  jurisdiction  in  cases  arising  in  justices  courts,  and 
in  special  cases,  as  the  Legislature  may  prescribe  ;  but  shall  have  no 
original  civil  jurisdiction,  except  in  such  special  cases. 

The  county  judge,  with  two  justices  of  the  peace  to  be  designated 
according  to  law,  may  hold  courts  of  sessions,  with  such  criminal 
jurisdiction  as  the  Legislature  shall  prescribe,  and  perform  such 
other  duties  as  may  be  required  by  law. 

The  county  judge  shall  receive  an  annual  salary,  to  be  fixed  by 
the  board  of  supervisors,  which  shall  be  neither  increased  nor  di- 
minished during  his  continuance  in  office.  The  justices  of  the  peace, 
for  services  in  courts  of  sessions,  shall  be  paid  a  per  diem  allow- 
ance out  of  the  county  treasury. 

In  counties  having  a  population  exceeding  forty  thousand,  the 
Legislature  may  provide  for  the  election  of  a  separate  officer  to  per- 
form the  duties  of  the  office  of  surrogate. 

The  Legislature  may  confer  equity  jurisdiction  in  special  cases 
upon  the  county  judge. 

Inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be 
established  by  the  Legislature  in  cities  ;  and  such  courts,  except  for 
the  cities  of  New-York  and  Buffalo,  shall  have  an  uniform  organi- 
zation and  jurisdiction  in  such  cities. 

15.  The  Legislature  may,  on  application  of  the  board  of  super- 
visors, provide  for  the  election  of  local  officers,  not  to  exceed  two  in 
any  county,  to  discharge  the  duties  of  county  judge  and  of  surro- 
gate, in  cases  of  their  inability  or  of  a  vacancy,  and  to  exercise  such 
other  powers  in  special  cases  as  may  be  provided  by  law. 

16.  The  Legislature  may  reorganize  the  judicial  districts  at  the 
first  session  after  the  return  of  every  enumeration  under  this  Con- 


156  CONSTITUTION 


stitution  in  the  manner  provided  for  in  the  fourth  section  of  this 
article  and  at  no  other  time  ;  and  they  may,  at  such  session,  increase 
or  diminish  the  number  of  districts,  but  such  increase  or  diminution 
shall  not  be  more  than  one  district  at  any  one  time.  Each  district 
shall  have  four  justices  of  the  Supreme  Court ;  but  no  diminution 
of  the  districts  shall  have  the  effect  to  remove  a  judge  from  office. 

17.  The  electors  of  the  several  towns,  shall,  at  their  annual  town 
meeting,  and  in  such  manner  as  the  Legislature  may  direct,  elect 
justices  of  the  peace,  whose  term  of  office  shall  be  four  years.  In 
case  of  an  election  to  fill  a  vacancy  occurring  before  the  expiration 
of  a  full  term,  they  shall  hold  for  the  residue  of  the  unexpired  term. 
Their  number  and  classification  may  be  regulated  by  law.  Justices 
of  the  peace  and  judged  or  justices  of  inferior  courts  not  of  record, 
and  their  clerks,  may  be  removed  after  due  notice  and  an  opportu- 
nity of  being  heard  in  their  defense  by  such  county,  city  or  State 
courts  as  may  be  prescribed  by  law,  for  causes  to  be  assigned  in  the 
order  of  removal. 

18.  All  judicial  officers  of  cities  and  villages,  and  all  such  judicial 
officers  as  may  be  created  therein  by  law,  shall  be  elected  at  such 
times  and  in  such  manner  as  the  Legislature  may  direct. 

19.  Clerks  of  the  several  counties  of  this  State  shall  be  clerks  of 
the  Supreme  Court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  A  clerk  for  the  Court  of  Appeals,  to  be  ex-officio 
clerk  of  the  Supreme  Court,  and  to  keep  his  office  at  the  seat  of 
government,  shall  be  chosen  by  the  electors  of  the  State  ;  he  shall 
hold  his  office  for  three  years,  and  his  compensation  shall  be  fixed 
by  law  and  paid  out  of  the  public  treasury. 

20.  No  judical  officer,  except  justices  of  the  peace,  shall  receive, 
to  his  own  use,  any  fees  or  perquisites  of  office. 

21.  The  Legislature  may  authorize  the  judgments,  decrees  and 
decisions  of  any  local  inferior  court  of  record  of  original  civil  juris- 
diction, established  in  a  city,  to  be  removed  for  review  directly  into 
the  Court  of  Appeals. 

22.  The  Legislature  shall  provide  for  the  speedy  publication  of  all 
statute  laws,  and  of  such  judicial  decisions  as  it  may  deem  expedient. 
And  all  laws  and  judicial  decisions  shall  be  free  for  publication  by 
any  person. 

23.  Tribunals  of  conciliation  may  be  established,  with  such 
powers  and  duties  as  may  be  prescribed  by  law,  but  such  tribunals 
shall  have  no  power  to  render  judgment  to  be  obligatory  on  the  par- 
ties, except  they  voluntarily  submit  their  matters  in  difference  and 
agree  to  abide  the  judgment,  or  assent  thereto,  in  the  presence  of 
such  tribunal,  in  such  cases  as  shall  be  prescribed  by  law. 

24.  The  Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  provide  for  the  appointment  of  three  commis- 
sioners, whose  duty  it  shall  be  to  revise,  reform,  simplify  and  abridge 
the   rules  and  practice,  pleadings,  forms  and   proceedings  of  the 


NEW    YORK.  157 


courts  of  record  of  this  State,  and  to  report  thereon  to  the  Legisla- 
ture, subject  to  their  adoption  and  modification  from  time  to  time. 

25.  The  Legislature,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  provide  for  the  organization  of  the  Court  of  Ap- 
peals, and  for  transferring  to  it  the  business  pending  in  the  Court 
for  the  Correction  of  Errors,  and  for  the  allowance  of  writs  of  error 
and  appeals  to  the  Court  of  Appeals,  from  the  judgments  and  de- 
crees of  the  present  Court  of  Chancery  and  Supreme  Court,  and  of 
the  courts  that  may  be  organized  under  this  Constitution. 

ARTICLE  VII 

Sec.  1.  After  paying  the  expenses  of  collection,  superintendence 
and  ordinary  repairs,  there  shall  be  appropriated  and  set  apart  in 
each  fiscal  year,  out  of  the  revenues  of  the  State  canals,  commencing 
on  the  first  day  of  June,  one  thousand  eight  hundred  and  forty-six, 
the  sum  of  one  million  and  three  hundred  thousand  dollars,  until 
the  first  day  of  June,  one  thousand  eight  hundred  and  fifty-five,  and 
from  that  time  the  sum  of  one  million  and  seven  hundred  thousand 
dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the  interest  and 
redeem  the  principal  of  tliat  part  of  the  State  debt  called  the  canal 
debt,  as  it  existed  at  the  time  first  aforesaid,  and  including  three  hun- 
dred thousand  dollars  then  to  be  borrowed,  until  the  same  shall  be 
wholly  paid  ;  and  the  principal  and  income  of  the  said  sinking  fund 
shall  be  sacredly  applied  to  that  purpose. 

2.  After  complying  with  the  provisions  of  the  first  section  of  this 
article,  there  shall  be  appropriated  and  set  apart  out  of  the  surplus 
revenues  of  the  State  canals,  in  each  fiscal  year,  commencing  on  the 
first  day  of  June,  one  thousand  eight  hundred  and  forty-six,  the 
sum  of  three  hundred  and  fifty  thousand  dollars,  until  the  time 
when  a  sufficient  sum  shall  have  been  appropriated  and  set  apart, 
under  the  said  first  section,  to  pay  the  interest  and  extinguish  the 
entire  principal  of  the  canal  debt ;  and  after  that  period,  then  the 
sum  of  one  million  and  five  hundred  thousand  dollars  in  each  fiscal 
year,  as  a  sinking  fund,  to  pay  the  interest  and  redeem  the  princi- 
pal of  that  part  of  the  State  debt  called  the  general  fund  debt,  in- 
cluding the  debt  for  loans  of  the  State  credit  to  railroad  companies 
which  have  failed  to  pay  the  interest  thereon,  and  also  the  contin- 
gent debt  on  State  stocks  loaned  to  incorporated  companies  which 
have  hitherto  paid  the  interest  thereon,  whenever  and  as  far  as  any 
part  thereof  may  become  a  charge  on  the  treasury  or  general  fund, 
until  the  same  shall  be  wholly  paid ;  and  the  principal  and  income 
of  the  said  last  mentioned  sinking  fund  shall  be  sacredly  applied  to 
the  purpose  aforesaid  ;  and  if  the  payment  of  any  part  of  the  moneys 
to  the  said  sinking  fund  shall  at  any  time  be  deferred,  by  reason  of 
the  priority  recognized  in  the  first  section  of  this  article,  the  sum  so 
deferred,  with  quarterly  interest  thereon,  at  the  then  current  rate, 
shall  be  paid  to  the  last  mentioned  sinking  fund,  as  soon  as  it  can 


158  CONSTITUTION    OF 


be  done  consistently  with  the  just  rights  of  the  creditors  holding 
said  canal  debt. 

3.  After  paying  the  said  expenses  of  superintendence  and  repairs 
of  the  canals,  and  the  sums  appropriated  by  the  first  and  second 
sections  of  this  article,  there  shall  be  paid  out  of  the  surplus  rev- 
enues of  the  canals,  to  the  treasury  of  the  State,  on  or  before  the 
thirtieth  day  of  September,  in  each  year,  for  the  use  and  benefit 
of  the  general  fund,  such  sum,  not  exceeding  two  hundred  thousand 
dollars,  as  may  be  required  to  defray  the  necessary  expenses  of  the 
State ;  and  the  remainder  of  the  revenues  of  the  said  canals  shall, 
in  each  fiscal  year,  be  applied,  in  such  manner  as  the  Legislature 
shall  direct,  to  the  completion  of  the  Erie  canal  enlargement,  and 
the  Genesee  Yalley  and  Black  Eiver  canals,  until  the  said  canals 
shall  be  completed. 

If  at  any  time  after  the  period  of  eight  years  from  the  adoption 
of  this  Constitution,  the  revenues  of  the  State,  unappropriated  by 
this  article,  shall  not  be  sufficient  to  defray  the  necessary  expenses 
of  the  government,  without  continuing  or  laying  sl  direct  tax,  the 
Legislature  may,  at  its  discretion,  supply  the  deficiency,  in  whole 
or  in  part,  from  the  surplus  revenues  of  the  canals,  after  complying 
with  the  provisions  of  the  first  two  sections  of  this  article,  for  paying 
the  interest  and  extinguishing  the  principal  of  the  canal  and  general 
fund  debt ;  but  the  sum  thus  appropriated  from  the  surplus  rev- 
enues of  the  canals  shall  not  exceed  annually  three  hundred  and 
fifty  thousand  dollars,  including  the  sum  of  two  hundred  thousand 
dollars,  provided  for  by  this  section  for  the  expenses  of  the  govern- 
ment, until  the  general  fund  debt  shall  be  extinguished,  or  until  the 
Erie  canal  enlargement  and  Genesee  Yalley  and  Black  River  canals 
shall  be  completed  ;  and  after  that  debt  shall  be  paid,  or  the  said 
canals  shall  be  completed,  then  the  sum  of  six  hundred  and  seventy- 
two  thousand  five  hundred  dollars,  or  so  much  thereof  as  shall  be 
necessary,  may  be  annually  appropriate  d  to  defray  the  expenses  of 
the  government. 

4.  The  claims  of  the  State  against  any  incorporated  company  to 
pay  the  interest  and  redeem  the  principal  of  the  stock  of  the  State 
loaned  or  advanced  to  such  company,  shall  be  fairly  enforced,  and 
not  released  or  compromised ;  and  the  moneys  arising  from  such 
claims  shall  be  set  apart  and  applied  as  part  of  the  sinking  fund 
provided  in  the  second  section  of  this  article.  But  the  time  limited 
for  the  fulfilment  of  any  condition  of  any  release  or  compromise 
heretofore  made  or  provided  for,  may  be  extended  by  law. 

5.  If  the  sinking  funds,  or  either  of  them,  provided  in  this  article, 
shall  prove  insufficient  to  enable  the  State,  on  the  credit  of  such 
fund,  to  procure  the  means  to  satisfy  the  claims  of  the  creditors  of 
the  State  as  they  become  payable,  the  Legislature  shall,  by  equita- 
ble taxes,  so  increase  the  revenues  of  the  said  funds  as  to  make  them, 
respectively,  sufficient  perfectly  to  preserve  the  public  faith.  Every 
contribution  or  advance  to  the  canals,  or  their  debt,  from  any  source, 


NEW   YORK.  159 


other  than  their  direct  revenues,  shall,  with  quarterly  interest,  at 
the  rates  then  current,  be  repaid  into  the  treasury,  for  the  use  of 
the  State,  out  of  the  canal  revenues,  as  soon  as  it  can  be  done  con- 
sistently with  the  just  rights  of  the  creditors  holding  the  said  canal 
debt. 

6.  The  Legislature  shall  not  sell,  lease,  or  otherwise  dispose  of 
any  of  the  canals  of  the  State ;  but  they  shall  remain  the  property 
of  the  State  and  under  its  management,  forever. 

7.  The  Legislature  shall  never  sell  or  dispose  of  the  salt  springs 
belonging  to  this  State.  The  lands  contiguous  thereto,  and  which 
may  be  necessary  and  convenient  for  the  use  of  the  salt  springs, 
may  be  sold  by  authority  of  law  and  under  the  direction  of  the  com- 
missioners of  the  land  office,  for  the  purpose  of  investing  the  moneys 
arising  therefrom  in  other  lands  alike  convenient:  but  by  such 
sale  and  purchase  the  aggregate  quantity  of  these  lands  shall  not 
be  diminished. 

8.  No  moneys  shall  ever  be  paid  out  of  the  Treasury  of  this  State, 
or  any  of  its  funds,  or  any  of  the  funds  under  its  management,  ex- 
cept in  pursuance  of  an  appropriation  by  law  ;  nor  unless  such  pay- 
ment be  made  within  two  years  liext  after  the  passage  of  such  appro- 
priation act ;  and  every  such  law,  making  a  new  appropriation,  or 
continuing  or  reviving  an  appropriation,  shall  distinctly  specify  the 
sum  appropriated,  and  the  object  to  which  it  is  to  be  applied ;  and  it 
shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix 
such  sum.  « 

9.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given  or 
loaned  to,  or  in  aid  of  any  individual  association  or  corporation,    • 

10.  The  State  may,  to  meet  casual  deficits  or  failures  in  revenues, 
or  for  expenses  not  provided  for,  contract  debts,  but  such  debts,  di- 
rect and  contingent,  singly  or  in  the  aggregate,  shall  not  at  any  time 
exceed  one  million  of  dollars  ;  and  the  moneys  arising  from  the 
loans  creating  such  debts,  shall  be  applied  to  the  purpose  for  which 
they  were  obtained,  or  to  pay  the  debt  so  contracted,  and  to  no  other 
purpose  whatever. 

11.  In  addition  to  the  above  limited  power  to  contract  debts,  the 
State  may  contract  debts  to  repel  invasion,  suppress  insurrection,  or 
defend  the  State  in  war  ;  but  the  money  arising  from  the  contract- 
ing of  such  debts  shall  be  applied  to  the  purpose  for  which  it  was 
raised,  or  to  repay  such  debts,  and  to  no  other  purpose  whatever. 

12.  Except  the  debts  specified  in  the  tenth  and  eleventh  sections 
of  this  article,  no  debt  shall  be  hereafter  contracted  by  or  on  behalf 
of  this  State,  unless  such  debt  shall  be  authorized  by  a  law,  for  some 
single  work  or  object,  to  be  distinctly  specified  threrein  ;  and  such 
law  shall  impose  and  provide  for  the  collection  of  a  direct  annual  tax 
to  pay,  and  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  of  such  debt  within 
eighteen  3'ears  from  the  time  of  the  contracting  thereof 

No  such  law  shall  take  effect  until  it  shall,  at  a  general  election, 


160  CONSTITUTION    OP 

have  been  submitted  to  the  people,  and  have  received  a  majority  of 
all  the  votes  cast  for  and  against  it,  at  such  election. 

On  the  final  passage  of  such  bill  in  either  house  of  the  Legisla- 
ture, the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered 
on  the  journals  thereof,  and  shall  be  :  "  Shall  this  bill  pass,  and 
ought  the  same  to  receive  the  sanction  of  the  people  ?" 

The  Legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same  ;  and  may  at  any  time,  by  law,  forbid  the 
contracting  of  any  further  debt  or  liability  under  such  law ;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability 
which  may  have  been  contracted,  in  pursuance  of  such  law,  shall  re- 
main in  force  and  be  irrepealable,  and  be  annually  collected,  until 
the  proceeds  thereof  shall  have  made  the  provision  herein  before 
specified  to  pay  and  discharge  the  interest  and  principal  of  such 
debt  and  liability. 

The  money  arising  from  any  loan  or  stock  creating  such  debt  or 
liability,  shall  be  applied  to  the  work  or  object  specified  in  the  act 
authorising  such  debt  or  liability,  or  for  the  repayment  of  such  debt 
or  liability,  and  for  no  other  purpose  whatever. 

No  such  law  shall  be  submitted  to  be  voted  on,  within  three 
months  after  its  passage,  or  at  any  general  election,  when  any  other 
law,  or  any  bill,  or  any  amendment  to  the  Constitution,  shall  be  sub- 
mitted to  be  voted  for  or  against. 

13.  Every  law  which  imposes,  continues  orf  revives  a  tax,  shall 
distinctly  state  the  tax  and  the  object  to  which  it  is  to  be  applied ; 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

14.  On  the  final  passage,  in  either  house  of  the  Legislature,  of 
every  act  which  imposes,  continues,  or  revives  a  tax,  or  creates  a  debt 
or  charge,  or  makes,  continues  or  revives  any  appropriation  of  public 
or  trust  money  or  property,  or  releases,  discharges,  or  commutes  any 
claim  or  demand  of  the  State,  the  question  shall  be  taken  by  ayes 
and  noes,  which  shall  be  duly  entered  on  the  journals,  and  three- 
fifths  of  all  the  members  elected  to  either  house,  shall,  in  all  such 
cases^  be  necessary  to  constitute  a  quorum  therein. 

AETICLE  Yin. 

Sec.  1.  Corporations  may  be  formed  under  general  laws;  but 
shall  not  be  created  by  special  act,  except  for  municipal  purposes, 
and  in  cases  where  in  the  judgment  of  the  Legislature,  the  objects 
of  the  corporation  cannot  be  attained  under  general  laws.  All  gen- 
eral laws  and  special  acts  passed  pursuant  to  this  section,  may  be 
altered  from  time  to  time  or  repealed. 

2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators  and  other  means  as  may  be  prescribed 
by  law. 


NEW    YORK.  161 


3.  The  term  corporations  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  or  privileges  of  corporations  not  possessed  by  in- 
dividuals or  partnerships.  And  all  corporations  shall  have  the  right 
to  sue  and  shall  be  subject  to  be  sued  in  all  courts  in  like  cases  as 
natural  persons. 

4.  The  Legislature  shall  have  no  power  to  pass  any  act  granting 
any  special  charter  for  banking  purposes ;  but  corporations  or  asso- 
ciations may  be  formed  for  such  purposes  under  general  laws. 

5.  The  Legislature  shall  have  no  power  to  pass  any  law  sanction- 
ing in  any  manner,  directly  or  indirectly,  the  suspension  of  specie 
payments,  by  any  person,  association  or  corporation  issuing  bank 
notes  of  any  description. 

6.  The  Legislature  shall  provide  by  law  for  the  registry  of  all 
bills  or  notes,  issued  or  put  in  circulation  as  money,  and  shall  require 
ample  security  for  the  redemption  of  the  same  in  specie. 

7.  The  stockholders  in  every  corporation  and  joint-stock  associa- 
tion for  banking  purposes,  issuing  bank  notes,  or  any  kind  of  paper 
credits  to  circulate  as  money,  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty,  shall  be  individually  responsible 
to  the  amount  of  their  respective  share  or  shares  of  stock  in  any 
such  corporation  or  association,  for  all  its  debts  and  liabilities  of 
every  kind,  contracted  after  the  said  first  day  of  January,  one  thou- 
sand eight  hundred  and  fifty. 

8.  In  case  of  the  insolvency  of  any  bank  or  banking  association, 
the  bill-holders  thereof  shall  be  entitled  to  preference  in  payment, 
over  all  other  creditors  of  such  bank  or  association. 

9.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the  organ- 
ization of  cities  and  incorporated  villages,  and  to  restrict  their  power 
of  taxation,  assessment,  borrowing  money,  contracting  debts  and 
loaning  their  credit,  so  as  to  prevent  abuses  in  assessments,  and  in 
contracting  debt  by  such  municipal  corporations, 

ARTICLE  IX. 

Sec.  1.  The  capital  of  the  common  school  fund;  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit  fund, 
shall  be  respectively'  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  common 
schools ;  the  revenues  of  the  said  literature  fund  shall  be  applied  to 
the  support  of  academies,  and  the  sum  of  twenty-five  thousand  dol- 
lars of  the  revenues  of  the  United  States  deposit  fund  shall  each 
year  be  appropriated  to  and  made  a  part  of  the  capital  of  the  said 
common  school  fund. 

ARTICLE  X. 

Sec.  1.  Sheriffs,  clerks  of  counties,  including  the  register  and 
clerk  of  the  city  and  county  of  New- York,  coroners,  and  district  at- 
12 


162  CONSTITUTION    OF 


tornoys,  shall  Ibe  chosen,  by  the  electors  of  the  respective  counties^ 
once  in  every  three  years  and  as  often  as  vacancies  shall  happen. 
Sheriffs  shall  hold  no  other  office,  and  be  ineligible  for  the-  next 
three  years  after  the  termination  of  their  offices.  They  may  be-  re- 
quired by  law,  to  renew  their  security,  from  time  to  time ;  and  in 
default  of  giving  such  new  security,  their  offices  shall  be  deemed 
vacant.  But  the  county  shall  never  be  made  responsible  for  the 
acts  of  the  sheriff. 

The  Governor  may  remove  any  officer,  in  this  section  mentioned^ 
within  the  term  for  which  he  shall  have  been  elected  ;  giving  to  such 
officer  a  copy  of  the  charges  against  him,  and  an  opportunity  of 
being  heard  in  his  defense. 

2.  All  county  officers  whose  election  or  appointment  is  not  pro- 
vided for  by  this  Constitution,  shall  be  elected  by  the  electors  of 
the  respective  counties,  or  appointed  by  the  boards  of  supervisors, 
or  other  county  authorities,  as  the  Legislature  shall  direct.  All 
city,  town  and  village  officers,  whose  ele.ction  or  appointment  is  not 
provided  for  by  this  Constitution,  shall  be  elected  by  the  electors 
of  such  cities,  towns  and  villages,  or  of  some  division  thereof,  or  ap- 
pointed by  such  authorities  thereof,  as  the  Legislature  shall  desig- 
nate for  that  purpose.  All  other  officers  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  and  all  officers  whose 
offices  may  hereafter  be  created  by  law,  shall  be  elected  by  the 
people,  or  appointed,  as  the  Legislature  may  direct. 

3.  When  the  duration  of  any  offix3e  is  not  provided  by  this  Con- 
stitution, it  may  be  declared  by  law,  and  if  not  so  declared,  such  office 
shall  be  held  during  the  pleasure  of  the  authority  making  the  ap- 
pointment. 

4.  The  time  of  electing  all  officers  named  in  this  article  shall  be 
prescribed  by  law. 

5.  The  Legislature  shall  provide  for  filling  vacancies  in  office,  and 
in  case  of  elective  officers,  no  person  appointed  to  fill  a  vacancy  shall 
hold  his  office  by  virtue  of  such  appointment  longer  than  the  com- 
mencement of  the  political  year  next  succeeding  the  first  annual 
election  after  the  happening  of  the  vacancy. 

6.  The  political  year  and  legislative  term,  shall  begin  on  the  first 
day  of  January  ;  and  the  Legislature  shall  every  year  assemble  on 
the  first  Tuesday  in  January,  unless  a  different  day  shall  be  appoint- 
ed by  law. 

7.  Provisions  shall  be  made  by  law  for  the  removal  for  miscon- 
duct or  malversation  in  office  of  all  officers  (except  judicial)  whose 
powers  and  duties  are  not  local  or  legislative  and  who  shall  be  elected 
at  general  elections,  and  also  for  supplying  vacancies  created  by  such 
removal. 

8.  The  Legislature  may  declare  the  cases  in  which  any  office  shall 
be  deemed  vacant,  where  no  provision  is  made  for  that  purpose  in 
this  Constitution. 


NEW    YORK.  163 


ARTICLE    XI. 

Sec.  I.  The  militia  of  this  State  shall,  at  all  times  hereafter,  be 
armed  and  disciplined,  and  in  readiness  for  service ;  but  all  such  in- 
habitants of  this  State,  of  any  religious  denomination  whatever,  as 
from  scruples  of  conscience  may  be  averse  to  bearing  arms,  shall  be 
excused  therefrom,  uptJn  such  conditions  as  shall  be  prescribed  by 
law. 

2.  Militia  officers  shall  be  chosen  or  appointed  as  follows : — cap- 
tains, subalterns  and  non-commissioned  officers  shall  be  chosen  by 
the  written  votes  of  the  members  of  their  respective  companies. 
Field  officers  of  regiments  and  separate  battalions,  by  the  written 
votes  of  the  commissioned  officers  of  the  respective  regiments  and 
separate  battalions  ;  brigadier-generals  and  brigade  inspectors,  by 
the  field  officers  of  their  respective  brigades ;  major-generals,  briga- 
dier-generals and  commanding  officers  of  regiments  or  separate  bat- 
talions, shall  appoint  the  staiT  officers  to  their  respective  divisions, 
brigades,  regiments  or  separate  battalions. 

3.  The  Grovernor  shall  nominate,  and  with  the  consent  of  the 
Senate  appoint,  all  major-generals  and  the  commissary-general. 
The  adjutant-general  and  other  chiefs  of  staff  departments,  and  the 
aids-de-camp  of  the  commander-in-chief,  shall  be  appointed  by  the 
Governor,  and  their  commissions  shall  expire  with  the  time  for  which 
the,  Governor  shall  have  been  elected.  The  commissary-general 
shall  hold  his  office  for  two  years.  He  shall  give  security  for  the 
faithful  execution  of  the  duties  of  his  office,  in  such  mannes  and 
amount  as  shall  be  prescribed  by  law. 

4.  The  Legislature  shall,  by  law,  direct  the  time  and  manner  of 
electing  militia  officers,  and  of  certifying  their  elections  to  the 
Governor. 

5.  The  commissioned  officers  of  the  militia  shall  be  commissioned 
by  the  Governor  ;  and  no  commissioned  officer  shall  be  removed  from 
office,  unless  by  the  Senate  on  the  recommendation  of  the  Governor, 
stating  the  founds  on  which  such  removal  is  recommended,  or  by 
the  decision  of  a  court  martial,  pursuant  to  law.  The  present 
officers  of  the  militia  shall  hold  their  commissions  subject  to  remo- 
val, as  before  provided. 

6.  In  case  the  mode  of  election  and  appointment  of  militia  officers 
hereby  directed,  shall  not  be  found  conducive  to  the  improvement 
of  the  militia,  the  Legislature  may  abolish  the  same,  and  provide  by 
law  for  their  appointment  and  removal,  if  two-thirds  of  the  mem- 
bers present  in  each  house  shall  concur  therein. 

ARTICLE   XII. 

Sec.  1.  Members  of  the  Legislature  and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation : 


164  CONSTITUTION    OF 


"  I  do  solemnly  swear  (or  affirm,  as  tlie  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  New- York ;  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of  according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  quali- 
fication for  any  office  or  public  trust. 

ARTICLE  XIII 

Sec.  1.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  Senate  and  Assembly ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered 
on  their  journals  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  Legislature  to  be  chosen  at  the  tfext  general  election  of  Sen- 
ators, and  shall  be  published  for  three  months  previous  to  the  time 
of  making  such  choice  ;  and  if  in  the  Legislature  so  next  chosen,  as 
aforesaid,  such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  a  majority  of  all  the  members  elected  to  each  house,  then  it 
shall  be  the  duty  of  the  Legislature  to  submit  such  proposed  amend- 
ment or  amendments  to  the  people,  in  such  manner  and  at  such  time 
as  the  Legislature  shall  prescribe ;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments,  by  a  majority  of  the 
electors  qualified  to  vote  for  members  of  the  Legislature,  voting 
thereon,  such  amendment  or  amendmetits  shall  become  part  of  the 
Constitution. 

2.  At  the  general  election  to  be  held  in  the  year  eighteen  hundred 
and  sixty-six,  and  in  each  twentieth  year  thereafter,  and  also  at  such 
time  as  the  Legislature  may  by  law  provide,  the  question,  "  Shall 
there  be  a  Convention  to  revise  the  Constitution,  and  amend  the 
same  ?"  shall  be  decided  by  the  electors  qualified  to  vote  for  mem 
bers  of  the  Legislature  ;  and  in  case  a  majority  of  the  electors  so 
qualified,  voting  at  such  election,  shall  decide  in  favor  of  a  Conven- 
tion for  such  purpose,  the  Legislature,  at  its  next  session,  shall  pro- 
vide by  law  for  the  election  of  delegates  to  such  Convention. 

ARTICLE   XIY. 

Sec.  1 .  The  first  election  of  senators  and  members  of  Assembly, 
pursuant  to  the  provisions  of  this  Constitution,  shall  be  held  on  the 
Tuesday  succeeding  the  first  Monday  of  November,  one  thousand 
eight  hundred  and  forty-seven. 

The  senators  and  members  of  Assembly  who  may  be  in  office  on 
the  first  day  of  January,  one  thousand  eight  hundred  and  forty- 
seven,  shall  hold  their  offices  until  and  including  the  thirty-first  day 
of  December  following,  and  no  longer. 

2,  The  first  election  of  Governor  and  Lieutenant-Governor  under 
this  Constitution,  shall  be  held  on  the  Tuesday  succeeding  the  first 
Monday  of  November,  one  thousand  eight  hundred  and  forty-eight ; . 


NEW    YORK.  165 


and  the  Governor  and  Lieutenant  Governor  in  office  when  this  Con- 
stitution shall  take  eifect,  shall  hold  their  respective  offices  until  and 
including  the  thirty-first  day  of  December  of  that  year. 

3.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
General,  District-Attorney,  Surveyor-General,  canal  commissioners, 
and  inspectors  of  State  prisons,  in  office  when  this  Constitution  shall 
take  effect,  shall  hold  their  respective  offices  until  and  including  the 
thirty-first  day  of  December,  one  thousand  eight  hundred  and  forty- 
seven,  and  no  longer. 

4.  The  first  election  of  judges  and  clerk  of  the  Court  of  Appeals, 
justices  of  the  Supreme  Court,  and  county  judges,  shall  take  place 
at  such  time  between  the  first  Tuesday  of  April  and  the  second 
Tuesday  of  June,  one  thousand  eight  hundred  and  forty-seven,  as 
may  be  prescribed  by  law.  The  said  courts  shall  respectively  enter 
upon  their  duties  on  the  first  Monday  of  July  next  thereafter  ; 
but  the  term  of  office  of  said  judges,  clerk  and  justices,  as  declared 
by  this  Constitution,  shall  be  deemed  to  commence  op  the  first  day 
of  January,  one  thousand  eight  hundred  and  forty-eight. 

'5.  On  the  first  Monday  of  July,  one  thousand  eight  hundred  and 
forty-seven,  jurisdiction  of  all  suits  and  proceedings  then  ])cnding  in 
the  present  Supreme  Court  and  Court  of  Chancery,  and  all  suits  and 
proceedings  originally  commenced  and  then  pending  in  any  court  of 
common  pleas,  (except  in  the  city  and  county  of  New- York.)  shall  be- 
come vested  in  the  Supreme  Court  hereby  established.  Proceedings 
pending  in  courts  of  common  pleas  and  in  suits  originally  commenced 
in  justices'  courts,  shall  be  transferred  to  the  county  courts  provided 
for  in  this  Constitution,  in  such  manner  and  forjn  and  undpr  such  regu- 
lation as  shall  be  provided  by  law.  The  courts  of  oyer  and  terminer 
hereby  established,  shall,  in  their  respective  counties,  have  jurisdic- 
tion, on  and  after  the  day  last  mentioned,  of  all  indictments  and 
proceedings  then  pending  in  the  present.courts  of  oyer  and  terminer, 
and  also  of  all  indictments  and  proceedings  then  pending  in  the 
present  courts  of  general  sessions  of  the  peace,  except  in  the  city  of 
New  York,  and  except  in  cases  of  which  the  courts  of  sessions  here- 
by established  may  lawfully  take  cognizance ;  and  of  such  indict- 
ments and  proceedings  the  courts  of  sessions  hereby  established  shall 
have  jurisdiction  on  and  after  the  day  last  mentioned. 

6.  The  Chancellor  and  the  present  Supreme  Court  shall,  respect- 
ively, haye  power  to  hear  and  determine  any  of*  such  suits  and  pro- 
ceedings ready  on  the  first  Monday  of  July,  one  thousand  eight 
hundred  and  forty-seven,  for  hearing  or  decision,  and  shall,  for  their 
services  therein,  be  entitled  to  their  present  rates  of  compensation 
until  the  first  day  of  July,  one  thousand  eight  hundred  and  forty- 
eight,  or  until  all  such  suits  and  proceedings  shall  be  sooner  heard 
and  determined.  Masters  in  chancery  may  continue  to  exercise  the 
functions  of  their  office  in  the  Court  of  Chancery,  so  long  as  the 
Chancellor  shall  continue  to  exercise  the  functions  of  his  office  under 
the  provisions  of  this  Constitution. 


166  CONSTITUTION    OF    NEW    YORK. 

And  the  Supreme  Court  hereby  established  shall  also  have  power 
to  hear  and  determine  such  of  said  suits  and  proceedings  as  may  he 
prescribed  by  law. 

7.  In  case  any  vacancy  shall  occur  in  the  office  of  Chancellor  or 
justice  of  the  present  Supreme  Court,  previously  to  the  first  day  of 
July,  one  thousand  eight  hundred  and  forty-eight,  the  Governor 
may  nominate,  and  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, appoint  a  proper  person  to  fill  such  vacancy.  Any  judge  of 
the  Court  of  Appeals  or  justice  of  the  Supreme  Court,  elected  under 
this  Constitution,  may  receive  and  hold  such  appointment. 

8.  The  offices  of  Chancellor,  justice  of  the  existing  Supreme 
Court,  circuit  judge,  vice-chancellor,  assistant  vice-chancellor,  judge 
of  the  existing  county  courts  of  each  county.  Supreme  Court  com- 
missioner, master  in  chancery,  examiner  in  chancery,  and  surrogate, 
(except  as  herein  otherwise  provided,)  are  abolished  from  and  after 
the  first  Monday  of  July,  one  thousand  eight  hundred  and  forty- 
seven,  (1847..) 

9.  The  Chancellor,  the  justices  of  the  present  Supreme  Court,  and 
the  circuit  judges,  are  hereby  declared  to  be  severally  eligible  to  any 
office  at  the  first  election  under  this  Constitution. 

.10.  Sherifi's,  clerks  of  counties  (including  the  register  and  clerk 
of  the  city  and  county  of  New-York)  and  justices  of  the  peace,  and 
coroners,  in.  office  when  this  Constitution  shall  take  efi"ect,  shall  hold 
their  respective  offices  until  the  expiration  of  the  term  for  which 
they  were  respectively  elected. 

11.  Judicial  officers  in  office  when  this  Constitution  shall  take 
effect,  may  .continue  to  receive  such  fees  and  perquisites  of  office  as 
are  now  authorized  by  law,  until  the  first  day  of  July,  one  thousand 
eight  hundred  and  forty-seven,  notwithstanding  the  provisions  of 
the  twentieth  section  of  the  sixth  article  of  this  Constitution. 

12.  All  local  courts  established  in  any  city  or  village,  including 
the  superior  court,  common  pleas,  sessions  and  surrogate's  courts  of 
the  city  and  county  of  New  York,  shall  remain,  until  otherwise 
directed  by  the  Legislature,  with  their  present  powers  and  jurisdic- 
tions .;  and  the  judges  of  such  courts,  and  any  clerks  thereof,  in  of- 
fice on  the  first  day  of  January,  one  thousand  eight  hundred  and 
forty-seven,  shall  continue  in  office  until  the  expiration  of  their 
terms  of  office,  or  until  the  Legislature  shall  otherwise  direct. 

13.  This  Constitution  shall  be  in  force  from  and  including  the 
first  day  of  January,  one  thousand  eight  hundred  and  forty-seven, 
except  as  is  herein  otherwise  provided. 


g^"  For  the  old  Constitution  of  this  State,  see  Appendix. 


NEW  JERSEY. 


New  Jersey  was  settled  by  the  Dutch  from  New  York,  as  early  as  1620, 
The  first  settlement  was  at  Bergen.  In  1627  a  colony  of  Swedes  and  Fins 
located  themselves  on  the  Delaware.  This  State  was  included  in  the  grant 
of  New  York  from  Charles  II.  to  the  Duke  of  York.  In  1664  the  Duke  made 
a  grant  of  New  Jersey  to  Lord  Berkley  and  Sir  George  Carteret,  They,  by 
an  agreement  with  the  people,  established  a  provincial  government  in  1665. 
The  Dutch  subdued  the  country  in  1672,  i)ut  resigned  it  by  treaty  in  1674. 
To  avoid  any  difficulty  in  reference  to  titles,  the  Duke  of  York  took  out  a  new 
patent,  and  divided  the  province  into  East  and  West  Jersey,  West  Jersey 
was  assigned  to  the  heirs  of  Lord  Berkley,  and  East  Jersey  to  Sir  George  Car- 
teret. In  1675  the  whole  territory  was  purchased  by  a  company  of  English 
emigrants.  They  located  at  Salem,  and  formed  the  first  English  settlement 
in  this  State.  At  length  much  dissatisfaction  arose  in  regard  to  titles,  which 
created  great  confusion — in  consequence  of  which  the  appointment  of  Gover- 
nor was  rend(;red  very  difficult.  It  was  carried  so  far,  that  in  1702  the  pro- 
prietors surrendered  the  government  to  the  English  crown.  This  was  accept- 
ed by  Clueen  Anne,  who  established  a  royal  government,  which  continued 
until  the  Revolution  of  1776.  Some  of  the  hardest  battles  of  the  Revolution- 
ary war  were  fought  in  this  State.  The  first  Constitution  was  adopted  by 
New  Jersey  as  a  colony,  in  1776.  This  remained  unaltered  until  1844,  when 
the  present  Constitution  was  agreed  upon  as  a  substitute 

Area,  8,320  sq.  m.    Population,  1850,  489,3.33. 


168  CONSTITUTION    OF 


CONSTITUTION, 

In  Convention^  begun  at  Trenton^  on  the  fourteenth  day  of  May^  and 
continued  to  tJie  twenty-ninth  day  of  June^  in  the  year  of  our  Lord 
on£.  thousand  eight  hundred  and  forty  four  : 

We,  the  people  of  the  State  of  New- Jersey,  grateful  to  Almighty 
God  for  the  civil  aad  religious  liberty  which  he  hath  so  long  per- 
mitted us  to  enjoy,  and  looking  to  him  for  a  blessing  upon  our  en- 
deavors to  secure  and  transmit  the  same  unimpaired  to  succeeding 
generations,  do  ordain  and  establish  this  Constitution. 

ARTICLE    I. — Rights  and  Privileges. 

Sec.  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  natural  and  inalienable  rights,  among  which  are  those  of  en- 
joying and  defending  life  and  liberty,  acquiring,  possessing,  and  pro- 
tecting property,  and  of  pursuing  and  obtaining  safety  and  happiness. 

2.  AH  political  power  is  inherent  in  the  people. 

Government  is  instituted  for  the  protection,  security,  and  benefit 
of  the  people,  and  they  have  the  right  at  all  times  to  alter  or  reform 
the  same,  whenever  the  public  good  may  require  it. 

3.  No  person  shall  be  deprived  of  the  inestimable  privilege  of 
worshiping  Almighty  God  in  a  manner  agreeably  to  the  dictates 
of  his  own  conscience :  nor  under  any  pretence  whatever  be  com- 
pelled to  attend  any  place  of  worship  contrary  to  his  faith  and  judg- 
ment ;  nor  shall  any  person  be  obliged  to  pay  tithes,  taxes,  or  other 
rates,  for  building  or  repairing  any  church  or  churches,  place  or 
places  of  worship,  or  for  the  maintenance  of  any  minister  or  minis- 
try, contrary  to  what  he  believes  to  be  right,  or  has  deliberately  and 
voluntarily  engaged  to  perform. 

4.  There  shall  be  no  establishment  of  one  religious  sect  in  prefer- 
ence to  another  :  no  religious  test  shall  be  required  as  a  qualification 
for  any  ofiice  or  public  trust ;  and  no  person  shall  be  denied  the  enjoy- 
ment of  any  civil  right  merely  on  account  of  his  religious  principles. 

5.  Every  person  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right. 
No  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech, 
or  of  the  press.  In  all  prosecutions  or  indictments  for  libel,  the 
truth  may  be  given  in  evidence  to  the  jury  ;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libellous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law 
and  the  fact. 

6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  efi"ects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated  ;  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  papers  and  things  to  be  seized. 


NEW    JERSEY.  169 


7.  The  right  of  trial  by  jury  shall  remain  inviolate  :  but  the 
Legislature  may  authorise  the  trial  of  civil  suits,  when  the  matter 
in  dispute  does  not  exceed  fifty  dollars,  by  a  jury  of  six  men. 

8.  In  all  criminal  prosecutions,  the  accused  shall  have  the  right 
to  a  speedy  and  public  trial  by  an  impartial  jury ;  to  be  in- 
formed of  the  nature  and  cause  of  the  accusation ;  to  be  cbnfronted 
with  the  witnesses  against  him  ;  to  have  compulsory  process  for  ob- 
taining witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel 
in  his  defense. 

9.  No  person  shall  be  held  to  answer  for  a  criminal  offense,  un- 
less on  the  presentment  of  indictment  of  a  grand  jury,  except  in 
cases  of  impeachment,  or  in  cases  cognizable  by  justices  of  the 
peace,  or  arising  in  the  army  or  navy,  or  in  the  militia,  when  in  ac- 
tual service  in  time  of  war  or  public  danger. 

1 0.  No  person  shall,  after  acquittal,  be  tried  for  the  same  offence. 
All  persons  shall,  before  conviction,  be  bailable  by  sufficient  sure- 
ties, except  for  capital  offences,  when  the  proof  is  evident,  or  pre- 
sumption great. 

1 1 .  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

12.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

13.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in  a 
manner  prescribed  by  law. 

1 4.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it"  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

15.  Excessive  bail  shall  not  be  required,  excessive  fines  shall 
not  be  imposed,  and  cruel  and  unusual  punishments  shall  not  be  in- 
flicted. 

16.  Private  property  shall  not  be  taken  for  public  use  without 
just  compensation,  but  land  may  be  taken  for  public  highways  as 
heretofore,  until  the  Legislature  shall  direct  compensation  to  be 
made. 

17.  No  person  shall  be  imprisoned  for  debt  in  any  action,  or  on 
any  judgment  founded  upon  contract,  unless  in  cases  of  fraud  ;  nor 
shall  any  person  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

18.  The  people  have  a  right  freely  to  assemble  together,  to  con- 
sult for  the  common  good,  to  make  known  their  opinions  to  their 
representatives,  and  to  petition  for  redress  of  grievances. 

19.  This  enumeration  of  rights  and  privileges  shall  not  be  con- 
strued to  impair  or  deny  others  retained  by  the  people. 


170  CONSTITUTION    OP 


ARTICLE    11.— Right  of  Suffrage. 

1.  Every  white  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  resident  of  this  State  one 
year,  an^  of  the  county  in  which  he  claims  his  vote  five  months, 
next  before  the  election,  shall  be  entitled  to  vote  for  all  officers  that 
now  are,  or  hereafter  may  be,  elective  by  the  people ;  provided^  that 
no  person  in  the  military,  naval,  or  marine  service  of  the  United 
States  shall  be  considered  a  resident  in  this  State,  by  being  stationed 
in  any  garrison,  barrack,  or  military,  or  naval  place  or  station  within 
the  State ;  and  no  pauper,  idiot,  insane  person,  or  person  convicted 
of  a  crime  which  now  excludes  him  from  being  a  witness,  unless 
pardoned  and  restored  by  law  to  the  right  of  suffrage,  shall  enjoy 
the  right  of  an  elector. 

2.  The  Legislature  may  pass  laws  to  deprive  persons  of  the  right 
of  suffrage  who  shall  be  convicted  of  bribery  at  elections. 

ARTICLE    III. — Distribution  of  the  Powers  of  Government. 

The  powers  of  the  Grovernment  shall  be  divided  into  three  dis- 
tinct departments — the  legislative,  executive,  and  judicial ;  and  no 
person  or  persons  belonging  to,  or  constituting  one  of  these  depart- 
ments, shall  exercise  any  of  the  powers  properly  belonging  to  either 
of  the  others,  except  as  herein  expressly  provided. 

ARTICLE    lY .—Legislative. 

Sec.  I. — 1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  General  Assembly. 

2.  No  person  shall  be  a  member  of  the  Senate  who  shall  not  have 
attained  the  age  of  thirty  years,  and  have  been  a  citizen  and  in- 
habitant of  the  State  for  four  years,  and  of  the  county  for  which 
he  shall  be  chosen  one  year,  next  before  his  election ;  and  no  person 
shall  be  a  member  of  the  General  Assembly  who  shall  not  have  at- 
tained the  age  of  twenty-one  years,  and  have  been  a  citizen  and 
inhabitant  of  the  State  for  two  years,  and  of  the  county  for  which  he 
shall  be  chosen  one  year  next  before  his  election ;  provided^  that  no 
no  person  shall  be  eligible  as  a  member  of  either  house  of  the  Legis- 
lature, who  shall  not  be  entitled  to  the  right  of  suffrage. 

3.  Members  of  the  Senate  and  General  Assembly  shall  be  elected 
yearly,  and  every  year,  on  the  second  Tuesday  of  October;  and  the 
two  houses  shall  meet  separately  on  the  second  Tuesday  in  January 
next  after  the  said  day  of  election :  at  which  time  of  meeting  the 
legislative  year  shall  commence,  but  the  time  of  holding  such 
election  may  be  altered  by  the  Legislature. 

Sec.  II. — 1 .  The  Senate  shall  be  composed  of  one  Senator  from  each 
county  in  the  State,  elected  by  the  legal  voters  of  the  counties  re- 
spectively, for  three  years. 


NEW   JERSEY.  171 


2.  As  soon  as  the  Senate  shall  meet  after  the  first  election  to  be 
held  in  pursuance  of  this  Constitution,  they  shall  be  divided  as  equal- 
ly as  may  be  into  three  classes.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year  ;■  of  the 
second  class  at  the  expiration  of  the  second  year ;  and  of  the  third 
class  at  the  expiration  of  the  third  year ;  so  that  one  class  may  be 
elected  every  year :  and  if  vacancies  happen,  by  resignation  or  other- 
wise, the  persons  elected  to  supply  such  vacancies  shall  be  elected 
for  the  unexpired  terms  only. 

Sec.  III. —  1.  The  General  Assembly  shall  be  composed  of  mem- 
bers annually  elected  by  the  legal  voters  of  the  counties  respectively, 
who  shall  be  apportioned  among  the  said  counties  as  nearly  as  may 
be  according  to  the  number  of  their  inhabitants.  The  present  ap- 
portio^^ment  shall  continue  until  the  next  census  of  the  United 
States  shall  have  been  taken,  and  an  apportionment  of  members  of 
the  General  Assembly  shall  be  made  by  the  Legislature  at  its  first 
session  after  the  next  and  every  subsequent  enumeration  or  census, 
and  when  made,  shall  remain  unaltered  until  another  enumeration 
shall  have  been  taken  ;  provided,  that  each  county  shall  at  all  times 
be  entitled  to  one  member :  and  the  whole  number  of  members  shall 
never  exceed  sixty. 

Sec.  IV. — 1.  Each  house  shall  direct  writs  of  election  for  supply- 
ing vacancies,  occasioned  by  death,  resignation  or  otherwise ;  but  if 
no  vacancies  occur  during  the  recess  of  the  Legislature,  the  writs 
may  be  issued  by  the  Governor,  under  such  regulations  as  may  be 
prescribed  by  law. 

2.  Each  house  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner,  and  under  such  penalties  as 
each  house  may  provide. 

3.  Each  house  shall  choose  its  own  ofiicers,  determine  the  rules 
of  its  proceedings,  punish  its  members  for  disorderly  behaviour,  and, 
with  the  concurrence  of  two-thirds,  may  expel  a  member. 

4.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same  ;  and  the  yeas  and  nays  of  the  mem- 
bers of  either  house  on  any  question  shall,  at  the  desire  of  one-fifth 
of  those  present,  be  entered  on  the  journal. 

5.  Neither  house,  during  the  session  of  the  Legislature,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting. 

6.  All  bills  and  joint  resolutions  shall  be  read  three  times  in  each 
house,  before  the  final  passage  thereof;  and  no  bill  or  joint  resolution 
shall  pass,  unless  there  be  a  majority  of  all  the  members  of  each  body 
personally  present,  and  agreeing  thereto ;  and  the  yeas  and  nays  of 


172  CONSTITUTION    OF 


the  members  voting  on  such  final  passage  shall  be  entered  on  the 
journal. 

7.  Members  of  the  Senate  and  General  Assembly  shall  receive  a 
compO'nsation  for  their  services,  to  be  ascertained  by  law,  and  paid 
out  of  the  treasury  of  the  State ;  which  compensation  shall  not  ex- 
ceed the  sum  of  three  dollars  per  day  for  the  period  of  forty  days 
from  the  commencement  of  the  session ;  and  shall  not  exceed  the 
sum  of  one  dollar  and  fifty  cents  per  day  for  the  remainder  of  the 
session.  When  convened  in  extra  session  by  the  Governorj  they 
shall  receive  such  sum  as  shall  be  fixed  for  the  first  forty  days  of  the 
ordinary  session.  They  shall  also  receive  the  sum  of  one  dollar  for 
every  ten  miles  they  shall  travel,  in  going  to  and  returning  from 
their  place  of  meeting,  on  the  most  usual  route.  The  President  of 
the  Senate,  and  the  Speaker  of  the  House  of  Assembly  shall,  in 
virtue  of  their  offices,  receive  an  additional  compensation,  equal  to 
one-third  of  their  per  diem  allowance  as  members. 

8.  Members  of  the  Senate  and  General  Assembly  shall,  in  all 
cases  except  treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  sitting  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same  :  and  for  any 
speech  or  debate,  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

Sec.  y. — I.  No  member  of  the  Senate  or  General  Assembly  shall, 
during  the  time  for  which  he  was  elected,  be  nominated  or  appointed 
by  the  Governor,  or  by  the  Legislature  in  joint  meeting,  to  any  civil 
office  under  the  authority  in  this  State,  which  shall  have  been  created, 
or  the  emoluments  whereof  shall  have  been  increased,  during  such 
time. 

2.  If  any  member  of  the  Senate  or  General  Assembly  shall  be 
elected  to  represent  this  State  in  the  Senate  or  House  of  Represen- 
tatives of  the  United  States,  and  shall  accept  thereof,  or  shall  ac- 
cept of  any  office  or  appointment  under  the  government  of  the 
United  States,  his  seat  in  the  Legislature  of  this  State  shall  thereby 
be  vacated. 

3.  No  justice  of  the  Supreme  Court,  nor  judge  of  any  other 
court,  sherifi",  justice  of  the  peace,  nor  any  person  or  persons  pos- 
sessed of  any  office  of  profit  under  the  government  of  this  State, 
shall  be  entitled  to  a  seat  either  in  the  Senate  or  in  the  General 
Assembly ;  but,  on  being  elected  and  taking  his  seat,  his  office, 
shall  be  considered  vacant ;  and  no  person  holding  any  office  of 
profit  under  the  government  of  the  United  States  shall  be  entitled 
to  a  seat  in  either  house. 

Sec.  VI. — 1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Assembly  ;  but  the  Senate  may  propose  or  concur  with 
amendments,  as  on  other  bills. 

2.  No  money  shall  be  drawn  from  the  treasury,  but  for  appropria- 
tions made  by  law. 


NEW    JERSEY.  173 


3.  The  credit  of  the  State  shall  not  be  directly  or  indirectly 
loaned  in  any  case. 

4.  The  Legislature  shall  not,  in  any  manner,  create  any  debt  or 
debts,  liability  or  liabilities,  of  the  State,  which  shall  singly,-  or  in 
the  aggregate  with  any  previous  debts  or  liabilities,  at  any  time  ex- 
ceed one  hundred  thousand  dollars,  except  for  purposes  of  war,  or 
to  repel  invasion,  or«to  suppress  insurrection,  unless  the  same  shall 
be  authorized  by  a  law  for  some  single  object  or  work,  to  be  dis- 
tinctly  specified  therein  ;  which  law  shall  provide  the  ways  and 
means,  exclusive  of  loans,  to  pay  the  interest  of  such  debt  or  liability 
as  it  falls  due,  and  also,  to  pay  and  discharge  the  principal  of  such 
debt  or  liability  within  thirty -five  years  from  the  time  of  the  con- 
tracting thereof,  and  shall  be  irrepealable  until  such  debt  or  lia- 
bility, and  the  interest  thereon,  are  fully  paid  and  discharged  ;  and 
no  such  law  shall  take  eff'ect  until  it  shall,  at  a  general  election,  have 
been  submitted  to  the  people,  and  have  received  the  sanction  of  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such  election  ; 
and  all  money  to  be  raised  by  the  authority  of  such  law  shall  be  ap- 
plied only  to  the  specific  object  stated  therein,  and  to  the  payment 
of  the  debt  thereby  created.  This  section  shall  not  be  construed  to 
refer  to  any  money  that  has  been,  or  may  be  deposited  with  this 
State  by  the  government  of  the  United  States. 

Sec.  VII. — 1.  No  divorce  shall  be  granted  by  the  Legislature. 

2.  No  lottery  shall  be  authorized  by  this  State ;  and  no  tickets  in 
any  lottery  not  authorized  by  a  law  of  this  State,  shall  be  bought  or 
sold  within  the  State. 

3.  The  Legislature  shall  not  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts,  or  depriving 
a  party  of  any  remedy  for  enforcing  a  contract,  which  existed  when 
the  contract  was  made. 

4.  To  avoid  improper  influences  which  may  result  from  intermix- 
ing in  one  and  the  same  act,  such  things  as  have  no  proper  relation 
to  each  other,  every  law  shall  embrace  but  one  object,  and  that  shall 
be  fe:pressed  in  the  title. 

5.  The  laws  of  this  State  shall  begin  in  the  following  style :  "  Be 
it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey." 

6.  The  fund  for  the  support  of  free  schools,  and  all  money,  stock, 
and  other  property,  which  may  hereafter  be  appropriated  for  that 
purpose,  or  received  into  the  treasury  under  the  provision  of  any 
law  heretofore  passed  to  augment  the  said  fund,  shall  be  securely 
invested,  and  remain  a  perpetual  fund ;  and  the  income  thereof, 
except  so  much  as  it  may  be  judged  expedient  to  apply  to  an  in- 
crease of  the  capital,  shall  be  annually  appropriated  to  the  support 
of  public  schools,  for  the  equal  benefit  of  all  the  people  of  the  State  ; 
and  it  shall  not  be  competent  for  the  Legislature  to  borrow,  appro- 


174  CONSTITUTION    OF 


priate,  or  use  tlie  said  fund,  or  any  part  thereof,  for  any  other  pur- 
pose, under  any  pretence  whatever. 

•7.  No  private  or  special  law  shall  be  passed,  authorizing  the  sale 
of  any  lands  belonging  in  whole  or  in  part  to  a  minor  or  minors,  or 
other  persons  who  may  at  the  time  be  under  any  legal  disability  to 
act  for  themselves. 

8.  The  assent  of  three-fifths  of  the  members  elected  to  each  house 
shall  be  requisite  to  the  passage  of  every  law  for  granting,  continu- 
ing, altering,  amending,  or  renewing  charters  for  banks,  or  money 
corporations  ;  and  all  such  charters  shall  be  limited  to  a  term  not 
exceeding  twenty  years. 

9.  Individuals^  or  private  corporations,  shall  not  be  authorized  to 
take  private  property  for  public  use,  without  just  compensation  first 
made  to  the  owners. 

10.  The  Legislature  may  vest  in  the  circuit  courts,  or  courts  of 
common  pleas,  within  the  several  counties  of  this  State,  chancery 
powers,  so  far  as  relates  to  the  foreclosure  of  mortgages,  and  sale  of 
mortgaged  premises. 

Sec.  VIII. — 1.  Members  of  the  Legislature  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation  : 

"  I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  New  Jersey,  and  that  I  will  faithfully  discharge  the 
duties  of  senator  (or  member  of  the  General  Assembly,  as  the  case 
may  be,)  according  to  the  best  of  my  ability." 

And  members  elect  of  the  Senate  or  General  Assembly,  are 
hereby  empowered  to  administer  to  each  other  the  said  oath  or 
affirmation, 

ARTICLE  Y .—Executive. 

Sec.  1.  The  executive  power  shall  be  vested  in  a  Governor. 

2.  The  Governor  shall  be  elected  by  the  legal  voters  of  the 
State.  The  person  having  the  highest  number  of  votes  shall  be  the 
Governor  ;  but  if  two  or  more  shall  be  equal,  and  highest  in  votes, 
one  of  them  shall  be  chosen  Governor  by  the  votes  of  the  majority 
of  the  members  of  both  houses  in  joint  meeting.  Contested  elections 
for  the  office  of  Governor  shall  be  determined  in  such  manner  as  the 
Legislature  shall  direct  by  law.  When  a  Governor  is  to  be  elected 
by  the  people,  such  election  shall  be  held  at  the  time  when,  and  at 
the  places  where  the  people  shall  respectively  vote  for  members  of 
the  Legislature. 

3.  The  Governor  shall  hold  his  office  for  three  years,  to  com- 
mence on  the  third  Tuesday  of  January  next  ensuing  the  election 
for  Governor  by  the  people,  and  to  end  on  the  Monday  preceding 
the  third  Tuesday  of  January,  three  years  thereafter  ;  and  he  shall 
be  incapable  of  holding  that  office  for  three  years  next  after  his  term 
of  service  shall  have  expired ;  and  no  appointment  or  nomination  to 


NEW    JERSEY.  175 


office  shall  be  made  by  the  Governor  during  the  last  week  of  his 
said  term. 

4.  The  Governor  shall  not  be  less  than  thirty  years  of  age,  and 
shall  have  been,  for  twenty  years,  at  least,  a  citizen  of  the  United 
States,  and  a  resident  of  this  State  seven  years  next  before  his  elec- 
tion, unless  he  shall  have  been  absent  during  that  time,  on  the  public 
business  of  the  United  States,  or  of  this  State. 

5.  The  Governor  shall,  at  stated  times,  receive  for  his  services  a 
compensation  which  shall  be  neither  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected. 

6.  He  shall  be  the  commander-in-chief  of  all  the  military  and 
naval  forces  of  the  State ;  he  shall  have  power  to  convene  the  Legis- 
lature, whenever,  in  his  opinion,  public  necessity  requires  it ;  he 
shall  communicate,  by  message,  to  the  Legislature  at  the  opening  of 
each  session,  and  at  such  other  times  as  he  may  deem  necessary, 
the  condition  of  the  State,  and  recommend  such  measures  as  he  may 
deem  expedient ;  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  grant,  under  the  great  seal  of  the  State,  commissions  to 
all  such  officers  as  shall  be  required  to  be  commissioned.. 

7.  Every  bill  which  shall  have  passed  both  houses,  shall  be  pre- 
sented to  the  Governor :  if  he  approve,  he  shall  sign  it,  but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall 
have  orignated,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  re-consider  it ;  if,  after  such  re-consideration, 
a  majority  of  the  whole  number  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  whom  it  shall  likewise  be  re  considered,  and  if  approved  of  by  a 
majority  of  the  whole  number  of  that  house,  it  shall  become  a  law  ; 
but  in  neither  house  shall  the  vote  be  taken  on  the  same  day  on 
which  the  bill  shall  be  returned  to  it  ■  and  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  Governor,  within  five  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

8.  No  member  of  Congress,  or  person  holding  an  office  under 
the  United  States,  or  this  State,  shall  exercise  the  office  of  Gov- 
ernor ;  and  in  case  the  Governor,  or  person  administering  the  gov- 
ernment, shall  accept  any  office  under  the  United  States,  or  this 
State,  his  office  of  Governor  shall  thereupon  be  vacant. 

9.  The  Governor,  or  person  administering  the  government,  shall 
have  power  to  suspend  the  collection  of  fines  and  forfeitures,  and  to 
grant  reprieves,  to  extend  until  the  expiration  of  a  time  not  exceed- 
ing ninety  days  after  conviction  ;  but  this  power  shall  not  extend  to 
cases  of  impeachment. 

10.  The  Governor,  or  person  administciing  the  government,  the 


176  CONSTITUTION    OF 


Chancellor,  and  the  six  judges  of  the  Court  of  Errors  and  Appeals, 
or  a  major  part  of  them,  of  whom  the  Governor,  or  the  person  ad- 
mmistering  the  government  shall  be  one,  may  remit  fines  and  for- 
feitures, and  grant  pardons  after  conviction,  in  all  cases  except 
impeachment. 

J 1.  The  Governor,  and  all  other  civil  officers  under  this  State, 
shall  be  liable  to  impeachment  for  misdemeanor  in  office,  during 
their  continuance  in  office,  and  for  two  years  thereafter. 

12.  In  case  of  the  death,  resignation,  or  removal  from  office  of  the 
Governor,  the  powers,  duties,  and  emoluments  of  the  office  shall  de- 
volve upon  the  President  of  the  Senate  ;  and  in  case  of  Jiis  death,  resig- 
nation, or  removal,  then  upon  the  Speaker  of  the  House  of  Assembly, 
for  the  time  being,  until  another  Governor  shall  be  elected  and  quali- 
fied ;  but  in  such  case,  another  Governor  shall  be  chosen  at  the  next 
election  for  members  of  the  Legislature,  unless  death,  resignation, 
or  removal  shall  occur  within  thirty  days  immediately  preceding 
such  next  election,  in  which  case  a  Governor  shall  be  chosen  at  the 
.second  succeeding  election  for  members  of  the  Legislature.  When 
a  vacancy  happens,  during  the  recess  of  the  Legislature,  in  any  office 
which  is  to  be  filled  by  the  Governor  and  Senate,  or  by  the  Legisla- 
ture in  joint  meeting,  the  Governor  shall  fill  such  vacancy,  and. the 
commission  shall  expire  at  the  end  of  the  next  session  of  the  Legis- 
lature, unless  a  successor  shall  be  sooner  appointed  :  when  a  vacancy 
happens  in  the  office  of  clerk  or  surrogate  of  any  county,  the  Gov- 
ernor shall  fill  such  vacancy,  and  the  commission  shall  expire  when 
a  successor  is  elected  and  qualified. 

13.  In  case  of  the  impeachment  of  the  Governor,  his  absence 
from  the  State,  or  inability  to  discharge  the  duties  of  his  office,  the 
powers,  duties,  and  emoluments  of  the  office  shall  devolve  upon  the 
President  of  the  Senate  ;  and  in  case  of  his  death,  resignation,  or 
removal,  then  upon  the  Speaker  of  the  House  of  Assembly  for  the 
time  being,  until  the  Governor,  absent  or  impeached,  shall  return  or 
be  acquitted,  or  until  the  disqualification  or  inability  shall  cease,  or 
until  a  new  Governor  be  elected  and  qualified. 

14.  In  case  of  a  vacancy  in  the  office  of  Governor,  from  any  other 
cause  than  herein  enumerated,  or  in  case  of  the  death  of  the  Gov- 
ernor elect,  before  he  is  qualified  into  office,  the  powers,  duties,  and 
emoluments  of  the  office  shall  devolve  upon  the  President  of  the 
Senate,  or  Speaker  of  the  House  of  Assembly,  as  above  provided 
for,  until  a  r■e^Y  Governor  be  elected  and  qualified. 

ARTICLE  Yl.— Judiciary. 

Sec.  I. — 1.  The  judicial  power  shall  be  vested  in  a  Court  of  Er- 
rors and  Appeals,  in  the  last  resort  in  all  causes,  as  heretofore ;  a 
Court  for  the  trial  df  Impeachments  ;  a  Court  of  Chancery  ;  a  Pre- 
rogative Court ;  a  Supreme  Court ;  circuit  courts,  and  such  inferior 
courts  as  now  exist,  and  as  may  be  hereafter  ordained  and  estab- 


NEW   JERSEY.  177 


lished  by  law ;  which  inferior  courts  the  Legislature  may  alter  or 
abolish,  as  the  public  good  shall  require. 

Sec,  II. — 1.  The  Court  of  Errors  and  Appeals  shall  consist  of 
the  Chancellor,  the  justice  of  the  Supreme  Court,  and  six  judges,  or 
a  major  part  of  them ;  which  judges  are  to  be  appointed  for  six 
years. 

2.  Immediately  after  the  court  shall  first  assemble,  the  six 
judges  shall  arrange  themselves  in  such  manner  that  the  seat  of  one 
of  them  shall  be  vacated  every  year,  in  order  that  thereafter  one 
judge  may  be  annually  appointed. 

3.  Such  of  the  six  judges  as  shall  attend  the  court  shall  receive, 
respectively,  a  per  diem  compensation,  to  be  provided  by  law. 

4.  The  Secretary  of  State  shall  be  clerk  of  this  court. 

5.  When  an  appeal  from  an  order  or  decree  shall  be  heard,  the 
Chancellor  shall  inform  the  court,  in  writing,  of  the  reasons  for  his 
order  or  decree  ;  but  he  shall  not  sit  as  a  member,  or  have  a  voice 
in  the  hearing  or  final  sentence. 

6.  When  a  writ  of  error  shall  be  brought,  no  justice  who  has 
given  a  judicial  opinion  in  the  cause,  in  favor  of  or  against  any  error 
complained  of,  shall  sit  as  a  member,  or  have  a  voice  on  the  hearing, 
or  for  its  affirmance  or  reversal ;  but  the  reasons  for  such  opinion 
shall  be  assigned  to  the  court  in  writing. 

Sec.  III. — 1.  The  House  of  Assembly  shall  have  the  sole  power 
of  impeaching,  by  a  vote  of  a  majority  of  all  the  members  ;  and  all 
impeachments  shall  be  tried  by  the  Senate :  the  members,  when  sit- 
ting for  that  purpose,  to  be  on  oath  or  affirmation  "  truly  and  im- 
partially to  try  and  determine  the  charge  in  question  according  to 
evidence :"  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  all  the  members  of  the  Senate. 

2.  Any  judicial  officer  impeached  shall  be  suspended  from  exer- 
cising his  office  until  his  acquittal. 

3.  Judgment  in  cases  of  impeachment  shall  not  extend  farther 
than  to  removal  from  office  and  to  disqualification  to  hold  and  enjoy 
any  office  of  honor,  profit,  or  trust  under  this  State  ;  but  the  party 
convicted  shall  nevertheless  be  liable  to  indictment,  trial,  and  pun- 
ishment, according  to  law.  • 

4.  The  Secretary  of  State  shall  be  the  clerk  of  this  court. 

Sec.  IV. — 1.  The  Court  of  Chancery  shall  consist  of  a  Chancellor, 

2.  The  Chancellor  shall  be  the  ordinary,  or  surrogate  general, 
and  judge  of  the  Prerogative  Court. 

3.  All  persons  aggrieved  by  any  order,  sentence,  or  decree  of  the 
Orphans'  Court,  may  appeal  from  the  same,  or  from  any  part  there- 
of, to  the  Prerogative  Court ;  but  such  order,  sentence,  or  decree  shall 
not  be  removed  into  the  Supreme  Court,  or  Circuit  Court,  if  the  sub- 
ject matter  thereof  be  within  the  jurisdiction  of  the  Orphans'  Court. 

4.  The  Secretary  of  State  shall  be  the  register  of  the  Prerogative 

13 


178  CONSTITUTION    OF 


Court,  and  shall  perform  the  duties  required  of  him  by  law  in  that 
respect. 

Sec.  Y. — 1.  The  Supreme  Court  shall  consist  of  a  chief  justice 
and  four  associate  justices.  The  number  of  associate  justices  may 
be  increased  or  decreased  by  law,  but  shall  never  be  less  than  two. 

2.  The  circuit  courts  shall  be  held  in  every  county  of  this  State, 
by  one  or  more  of  the  justices  of  the  Supreme  Court,  or  a  judge  ap- 
pointed for  that  purpose  ;  and  shall  in  all  cases  within  the  county, 
except  in  those  of  a  criminal  nature,  have  common  law  jurisdiction 
concurrent  with  the  Supreme  Court ;  and  any  final  judgment  of  a 
Circuit  Court  may  be  docketed  in  the  Supreme  Court,  and  shall 
operate  as  a  judgment  obtained  in  the  Supreme  Court,  from  the  time 
of  such  docketing. 

3.  Final  judgments  in  any  circuit  court  may  be  brought,  by 
writ  of  error,  into  the  Supreme  Court,  or  directly  into  the  Court  of 
Errors  and  Appeals. 

Sec.  VI. — 1.  There  shall  be  no  more  than  five  judges  of  the  infe- 
lior  court  of  Common  Pleas  in  each  of  the  counties  in  this  State, 
after  the  terms  of  the  judges  of  said  court  now  in  office  shall  termi- 
nate. One  judge  for  each  county  shall  be  appointed  every  year, 
and  no  more,  except  to  fill  vacancies,  which  shall  be  for  the  unex- 
pired term  only. 

2.  The  commissions  for  the  first  appointments  of  judges  of  said 
court,  shall  bear  date  and  take  efiect  on  the  first  day  of  April  next ; 
and  all  subsequent  commissions  for  judges  of  said  court  shall  bear 
date  and  take  effect  on  the  first  day  of  April  in  every  successive 
year,  except  commissions  to  fill  vacancies,  which  shall  bear  date  and 
take  effect  when  issued. 

Sec.  VII. — 1.  There  may  be  elected  under  this  Constitution 
two,  and  not  more  than  five,  justices  of  the  peace  in  each  of  the 
townships  of  the  several  counties  of  this  State,  and  in  .each  of  the 
wards,  in  cities  that  may  vote  in  wards.  When  a  township  or  ward 
contains  two  thousand  inhabitants,  or  less,  it  may  have  two  justices ; 
when  it  contains  more  than  two  thousand  inhabitants,  and  not  more 
than  four  thousand,  it  may  have  four  justices ;  and  when  it  contains 
more  than  four  thousand  inhabitants,  it  may  have  five  justices  ;  pro- 
vided, that  whenever  any  township,  not  voting  in  wards,  contains 
more  than  seven  thousand  inhabitants,  such  township  may  have  an 
additional  justice  for  each  additional  three  thousand  inhabitants 
above  four  thousand. 

2.  The  population  of  the  townships  in  the  several  counties  of  the 
State  and  of  the  sevetal  wards,  shall  be  ascertained  by  the  last  pre- 
ceding census  of  the  United  States,  until  the  Legislature  shall  pro- 
vide by  law  some  other  mode  of  ascertaining  it. 


NEW    JERSEY.  179 


ARTICLE  yil. 

Appointing  Power  and  Tenure  of  Office. — Militia  Offi/^ers. 

Sec.  1.  The  Legislature  shall  provide  by  law  for  enrolling,  organiz- 
ing^ and  arming  the  militia. 

2.  Captains,  subalterns,  and  non-commissioned  officers  shall  be 
elected  by  the  members  of  their  respective  companies. 

3.  Field  officers  of  regiments,  independent  battalions  and  squad- 
rons, shall  be  elected  by  the  commissioned  officers  of  their  respective 
regiments,  battalions,  or  squadrons. 

4.  Brigadier-generals  shall  be  elected  by  the  field  officers  of  their 
respective  brigades. 

5.  Major-generals  shall  be  nominated  by  the  Governor,  and  ap- 
pointed by  him,  with  the  advice  and  consent  of  the  Senate. 

6.  The  Legislature  shall  provide,  by  law,  the  time  and  manner  of 
electing  militia  officers,  and  of  certifying  their  elections  to  the  Gov- 
ernor, who  shall  grant  their  commissions  and  determine  their  rank, 
when  not  determined  by  law ; — and  no  commissioned  officer  shall  be 
removed  from  office  but  by  the  sentence  of  a  court  martial,  pursuant 
to  law. 

7.  In  case  the  electors  of  subalterns,  captains,  or  field  officers, 
shall  refuse  or  neglect  to  make  such  elections,  the  Governor  shall 
have  power  to  appoint  such  officers,  and  to  fill  all  vacancies  caused 
by  such  refusal  or  neglect. 

8.  Brigade  inspectors  shall  be  chosen  by  the  field  officers  of  their 
respective  brigades. 

9.  The  Governor  shall  appoint  the  adjutant-general,  quartermas- 
ter-general, and  all  other  militia  officers  whose  appointment  is  not 
otherwise  provided  for  in  this  Constitution. 

10.  Major-generals,  brigadier-generals,  and  commanding  officers 
of  regiments,  independent  battalions,  and  squadrons,  shall  appoint 
the  staff  officers  of  their  divisions,  brigades,  regiments,  independent 
battalions,  and  squadrons,  respectively. 

Civil   Officers. 

Sec.  II. — 1.  Justices  of  the  Supreme  Court,  Chancellor,  and  judges 
of  the  Court  of  Errors  and  Appeals,  shall  be  nominated  by  the 
Governor,  and  appointed  by  him,  with  the  advice  and  consent  of  the 
Senate. 

The  Justices  of  the  Supreme  Court,  and  Chancellor,  shall  hold 
their  offices*for  the  term  of  seven  years ;  shall,  at  stated  times,  re- 
ceive for  their  services  a  compensation,  which  shall  not  be  diminished 
during  the  term  of  their  appointments  ;  and  they  shall  hold  no  other 
office  under  the  government  of  this  State,  or  the  United  States. 

2.  Judges  of  the  Court  of  Common  Pleas  shall  be  appointed  by 
Senate  and  General  Assembly,  in  joint  meeting. 

They  shall  hold  their  offices  for  five  years  :  but  when  appointed  to 
fill  vacancies,  they  shall  hold  for  the  unexpired  term  only. 


180  CONSTITUTION   OF 


3.  The  State  Treasurer  and  the  keeper  and  inspectors  of  the 
State  Prison,  shall  be  appointed  by  the  Senate  and  Gleneral  Assem- 
bly, in  joint  meeting. 

They  shall  hold  their  offices  for  one  year,  and  until  their  succes- 
sors shall  be  qualified  into  office. 

4.  The  Attorney-Greneral,  prosecutors  of  the  pleas,  clerk  of  the 
Supreme  Court,  clerk  of  the  Court  of  Chancery,  and  Secretary  of 
State,  shall  be  nominated  by  the  Governor,  and  appointed  by  him, 
with  the  advice  and  consent  of  the  Senate. 

They  shall  hold  their  offices  for  five  years. 

5.  The  law  reporter  shall  be  appointed  by  the  justices  of  the  Su- 
preme Court,  or  a  majority  of  them  ;  and  the  chancery  reporter  shall 
be  appointed  by  the  Chancellor. 

They  shall  hold  their  offices  for  five  years. 

6.  Clerks  and  surrogates  of  counties  shall  be  elected  by  the  peo- 
ple of  their  respective  counties,  at  the  annual  election  for  members 
of  the  General  Assembly. 

They  shall  be  commissioned  by  the  Governor,  and  hold  their  offi- 
ces for  five  years. 

7.  Sheriffs  and  coroners  shall  be  elected  annually  by  the  people 
of  their  respective  counties,  at  the  annual  elections  for  members  of 
the  General  Assembly. 

They  may  be  re-elected  until  they  shall  have  served  three  years, 
but  no  longer ;  after  which,  three  years  must  elapse  before  they  can 
be  again  capable  of  serving. 

8.  Justices  of  the  peace  shall  be  elected  by  ballot  at  the  annual 
meetings  of  the  townships  in  the  several  counties  of  the  State,  and 
of  the  wards  in  cities  that  may  vote  in  wards,  in  such  manner,  and 
under  such  regulations,  as  may  be  hereafter  provided  by  law. 

They  shall  be  commissioned  for  the  county,  and  their  commissions 
shall  bear  date  and  take  effect  on  the  first  day  of  May  next  after 
their  election. 

They  shall  hold  their  offices  for  five  years : — except  when  elected 
to  fill  vacancies,  they  shall  hold  for  the  unexpired  term  only ;  pro- 
vided, that  the  commission  of  any  justice  of  the  peace  shall  become 
vacant  upon  his  ceasing  to  reside  in  the  township  in  which  he  was 
elected. 

The  first  election  for  justices  of  the  peace  shall  take  place  at  the 
next  annual  town  meetings  of  the  townships  in  the  several  counties 
of  the  State,  and  of  the  wards  in  cities  that  may  vote  in  wards. 

9.  All  other  officers,  whose  appointments  are  not  otberwise  pro- 
vided for  by  law,  shall  be  nominated  by  the  Governor,  and  appoint- 
ed by  him,  with  the  advice  and  consent  of  the  Senate ;  and  they 
shall  hold  their  offices  for  the  time  prescribed  by  law. 

10.  All  civil  officers  nominated  by  the  Governor,  and  appointed 
by  him,  with  the  advice  and  consent  of  the  Senate,  shall  be  com- 
missioned by  the  Governor. 

11.  The  term  of  office  of  all  officers  elected  or  appointed  pursu- 


NEW   JERSEY.  181 


ant  to  the  provisions  of  this  Constitution,  except  when  herein  other- 
wise directed,  shall  commence  on  the  day  of  the  date  of  their  respec- 
tive commissions ;  but  no  commission  for  any  of&ce  shall  bear  date 
prior  to  the  expiration  of  the  term  of  the  incumbent  of  said  office. 

ARTICLE  Ylll.— General  Provisions. 

1.  The  Secretary  of  State  shall  be  ex-officio  an  auditor  of  the 
accounts  of  the  Treasurer,  and,  as  such,  it  shall  be  his  duty  to  assist 
the  Legislature  in  the  annual  examination  and  settlement  of  said 
accounts,  until  otherwise  provided  by  law. 

2.  The  seal  of  the  State  shall  be  kept  by  the  Governor  or  person 
administering  the  Government,  and  used  by  him  officially,  and  shall 
be  called  the  great  seal  of  the  State  of  New  Jersey. 

3.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  New  Jersey,  sealed  with  the  great  seal, 
signed  by  the  Governor,  or  person  administering  the  Government, 
and  countersigned  by  the  Secretary  of  State,  and  shall  run  thus : 

"  The  State  of  New  Jersey  to ,  greeting."     All  writs 

shall  be  in  the  name  of  the  State ;  and  all  indictments  shall  con- 
clude in  the  following  manner,  viz. :  "  against  the  peace  of  this  State, 
the  government  and  dignity  of  the  same." 

4.  This  Constitution  shall  take  effect  and  go  into  operation  on 
the  second  day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-four. 

ARTICLE  lX.—Amend7ne7ds, 

Any  specific  amendment  or  amendments  to  the  Constitution  may 
be  proposed  in  the  Senate  or  General  Assembly,  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each  of 
the  two  houses,  such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  Legislature  then  next  to  be  chosen,  and  shall  be  pub- 
lished for  three  months  previous  to  making  such  choice,  in  at  least 
one  newspaper  of  each  county,  if  any  be  published  therein ;  and  if 
in  the  Legislature  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments,  or  any  of  them,  shall  be  agreed  to  by  a  ma- 
jority of  all  the  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  Legislature  to  submit  to  such  proposed  amendment  or 
amendments ;  or  such  of  them  as  may  have  been  agreed  to  as  afore- 
said by  the  two  Legislatures,  to  the  people,  in  such  manner  and  at 
such  time,  at  least  four  months  after  the  adjournment  of  the  Legis- 
lature, as  the  Legislature  shall  prescribe;  and  if  the  people,  at  a 
special  election  to  be  held  for  that  purpose  only,  shall  approve  and 
ratify  such  amendment  or  amendments,  or  any  of  them,  by  a  majori- 
ty of  the  electors  qualified  to  vote  for  members  of  the  Legislature 
voting  thereon,  such  amendment  or  amendments,  so  approved  and 
ratified,  shall  become  part  of  the  Constitution ;  provided,  that  if  more 


182  CONSTITUTION    OF 


than  one  amendment  be  submitted,  they  shall  be  submitted  in  such 
manner  and  form  that  the  people  may  vote  for  or  against  each  amend- 
ment separately  and  distinctly ;  but  no  amendment  or  amendments 
shall  be  submitted  to  the  people  by  the  Legislature  oftener  than 
once  in  five  years. 

ARTICLE  X.— Schedule. 

That  no  inconvenience  may  arise  from  the  change  in  the  Constitu- 
tion of  this  State,  and  in  order  to  carry  the  same  into  complete 
operation,  it  is  hereby  declared  and  ordained,  that — 

1.  The  common  law  and  the  statute  laws  now  in  force,  not  re- 
pugnant to  this  Constitution,  shall  remain  in  force  until  they  expire 
by  their  own  limitation,  or  be  altered  or  repealed  by  the  Legislature ; 
and  all  writs,  actions,  causes  of  such  action,  prosecutions,  contracts, 
claims,  and  rights  of  individuals,  and  of  bodies  corporate,  and  of 
the  State,  and  all  charters  of  incorporations,  shall  continue,  and  all 
indictments  which  shall  have  been  found,  or  which  may  hereafter  be 
found,  for  any  crime  or  offence  committed  before  the  adoption  of  this 
Constitution,  may  be  proceeded  upon  as  if  no  change  had  taken 
place.  The  several  courts  of  law  and  equity,  except  as  herein  other- 
wise provided,  shall  continue  with  the  like  powers  and  jurisdiction 
as  if  this  Constitution  had  not  been  adopted. 

2.  All  officers  now  filling  any  office  or  appointment,  shall  continue 
in  the  exercise  of  the  duties  thereof,  according  to  their  respective 
commissions  or  appointments  unless  by  this  Constitution  it  is  oth- 
erwise directed. 

3.  The  present  Grovernor,  Chancellor,  and  Ordinary  or  Surrogate- 
General,  and  Treasurer  of  this  State,  shall  continue  in  office  until 
successors  elected  or  appointed  under  this  Constitution  shall  be 
sworn  or  affirmed  into  office. 

4.  In  case  of  the  death,  resignation,  or  disability  of  the  present 
Governor,  the  person  who  may  be  Vice-President  of  the  Council  at  the 
time  of  the  adoption  of  this  Constitution  shall  continue  in  office,  and 
administer  the  government,  until  a  Governor  shall  have  been  elected 
and  sworn  or  affirmed  into  office  under  this  Constitution. 

5.  The  present  Governor,  or  in  case  of  his  death,  or  disability  to 
act,  the  Vice-President  of  Council,  together  with  the  present  mem- 
bers of  the  Legislative  Council  and  Secretary  of  State  shall  consti- 
tute a  board  of  State  canvassers,  in  the  manner  now  provided  by 
law,  for  the  purpose  of  ascertaining  and  declaring  the  result  of  the 
next  ensuing  election  for  Governor,  members  of  the  House  of  Rep- 
resentatives, and  electors  of  the  President  and  Vice-President, 

6.  The  returns  of  the  votes  for  Governor,  at  the  said  next  ensuing 
election  shall  be  transmitted  to  the  Secretary  of  State,  the  votes 
counted,  and  the  election  declared,  in  the  manner  now  provided  by 
law  in  the  case  of  the  election  of  electors  of  President  and  Vice- 
President. 


NEW   JERSEY.  183 


7.  The  election  of  clerks  and  surrogates  in  those  counties  where 
the  term  of  office  of  the  present  incumbent  shall  expire  previous  to 
the  general  election  of  eighteen  hundred  and  forty-five,  shall  be  held 
at  the  general  election  next  ensuing  the  adoption  of  this  Constitu- 
tion ;  the  result  of  which  election  shall  be  ascertained  in  the  man- 
ner now  provided  by  law  for  the  election  of  sheriffs. 

8.  The  elections  for  the  year  eighteen  hundred  and  forty-four 
shall  take  place  as  now  provided  by  law. 

9.  It  shall  be  the  duty  of  the  Grovernor  to  fill  all  vacancies  in 
office  happening  between  the  adoption  of  this  Constitution  and  the 
first  session  of  the  Senate,  and  not  otherwise  provided  for  ;  and  the 
commissions  shall  expire  at  the  end  of  the  first  session  of  the  Sen- 
ate, or  when  a  successor  shall  be  elected  or  appointed  and  qualified, 

10.  The  restriction  of  the  pay  of  members  of  the  Legislature,  after 
forty  days  from  the  commencement  of  the  session,  shall  not  be  ap- 
plied to  the  first  Legislature  convened  under  this  Constitution. 

11.  Clerks  of  counties  shall  be  clerks  of  the  inferior  courts  of 
common  pleas  and  quarter  sessions  of  the  several  counties,  and  per- 
form the  duties,  and  be  subject  to  the  regulations  now  required  of 
them  by  law,  until  otherwise  ordained  by  the  Legislature. 

12.  The  Legislature  shall  pass  all  laws  necessary  to  carry  into 
effect  the  provisions  of  the  Constitution. 


PENNSYLVANIA. 


Pennsylvania  was  first  settled  by  the  Swedes  in  1638,  who  purchased  the 
territory  from  the  natives,  but  they  were  conquered  by  the  Dutch  in  1654. 
At  the  time  the  English  took  New  Netherland,  in  1664,  the  Dutch  possessions 
on  the  Delaware  river  fell  into  their  hands,  and  for  several  years  were  subject 
to  the  Governor  of  New  York.  In  1681,  Pennsylvania  was  granted  by 
Charles  II.  to  William  Penn,  a  member  of  the  Society  of  Friends,  in  consi- 
deration of  the  services  of  his  father  as  British  Admiral.  In  1682,  Penn  dis- 
posed of  some  20,000  acres  to  a  company  of  Friends  for  :e400  sterling.  A 
colony  of  2000  came  over  about  this  time,  and  settled  in  Philadelphia.  The 
State  was  governed  by  deputies,  appointed  by  the  proprietors,  until  the  com- 
mencement of  the  Revolutionary  War.  Penn  died  in  1718,  leaving  his  inte- 
rests in  Pennsylvania  as  an  inheritance  to  his  children.  Their  claim  was 
eventually  purchased  by  the  commonwealth  for  i;i30,000  sterling.  In  1768, 
Mason  and  Dixon's  line  was  drawn  to  mark  the  boundary  between  this  State 
and  Maryland;  and,  in  1784,  the  north-western  portion  of  this  State,  not 
being  included  in  the  former  purchase,  was  bought  of  the  Indians.  The  first 
Constitution  was  adopted  in  1776,  the  second  in  1790,  and  the  present  one  in 
1838. 

Area,  46,000  sq.  m.    Pop.,  in  1850,  2,311,681. 

Philadelphia  is  the  most  important  city  in  Pennsylvania,  and  next  to  New 
York  in  the  Union,  with  a  population  of  220,423.  It  is  marked  for  its  regu- 
larity and  beauty.  This  city  was  the  seat  of  the  General  Government  from 
1776  to  1800,  when  it  was  removed  to  Washington.  Among  its  many  public 
buildings  is  the  old  State  House,  in  Chesnut  street,  erected  1735.  In  this 
Congress  sat  when  Independence  was  declared,  and  here  the  Convention  as- 
sembled that  framed  the  Constitution  of  the  United  States.  The  room  in 
which  they  sat  is  carefully  preserved  as  it  was.  The  original  bell,  cast  many 
years  before  the  Declaration,  still  hangs  in  the  tower,  and  bears  this  interest- 
ing inscription  :  "  Proclaim  liberty  throughout  the  land,  unto  all  the  inhabi- 
tants thereof." — Levit,  xxv.  10 


PENNSYLVANIA.  185 


CONSTITUTION. 

We,  the  People  of  the  commonwealth  of  Pennsylvania,  ordain  and 
establish  this  Constitution  for  its  government. 

AKTICLE    I. 

Sec.  1.  The  Legislative  power  of  this  commonwealth  shall  be 
vested  in  a  General  Assembly,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

2.  The  representatives  shall  be  chosen  annually,  by  the  citizens 
of  the  city  of  Philadelphia,  and  of  each  county  respectively,  on  the 
second  Tuesday  of  October. 

3.  No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty-one  years,  and  have  been  a  citizen  and  inhabitant 
of  the  State  three  years  next  preceding  his  election,  and  the  last 
year  thereof  an  inhabitant  of  the  district  in  and  for  which  he  shall 
be  chosen  a  representative,  unless  he  shall  have  been  absent  on  the 
public  business  of  the  United  States  or  of  this  State. 

4.  Within  three  years  of  the  first  meeting  of  the  General  Assem- 
bly, and  within  every  subsequent  term  of  seven  years,  an  enumera- 
tion of  the  taxable  inhabitants  shall  be  made  in  such  manner  as  shall 
be  directed  by  law.  The  n^umber  of  representatives  shall  at  the 
several  periods  of  making  such  enumeration,  be  fixed  by  the  Legis- 
lature, and  apportioned  among  the  city  of  Philadelphia  and  the  seve- 
ral counties,  according  to  the  number  of  taxable  inhabitants  in  each  ; 
and  shall  never  be  less  than  sixty  nor  greater  than  one  hundred. 
Each  county  shall  have  at  least  one  representative,  but  no  county 
hereafter  created  shall  be  entitled  to  a  separate  representation  until  a 
suf&cient  number  of  taxable  inhabitants  shall  be  contained  within  it 
to  entitle  them  to  one  representative,  agreeably  to  the  ratio  which 
shall  then  be  established. 

5.  The  senators  shall  be  chosen  for  three  years  by  the  citizens  of 
Philadelphia  and  of  the  several  counties,  at  the  same  time,  in  the 
same  manner,  and  at  the  same  places  where  they  shall  vote  for  rep- 
resentatives. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  making 
the  enumeration  before  mentioned,  be  fixed  by  the  Legislature,  and 
apportioned  among  the  districts  formed  as  hereinafter,  directed  ac- 
cording to  the  number  of  taxable  inhabitants  in  each  ;  and  shall  never 
be  less  than  one-fourth,  nor  greater  than  one-third  of  the  number 
of  representatives. 

7.  The  senators  shall  be  chosen  in  districts,  to  be  formed  by  the 
Legislature  ;  but  no  district  shall  be  so  formed  as  to  entitle  it  to  elect 
more  than  two  senators,  unless  the  number  of  taxable  inhabitants 
in  any  city  or  county  shall,  at  any  time,  be  such  as  to  entitle  it  to 
elect  more  than  two,  but  no  city  or  county  shall  be  entitled  to  elect 


186  CONSTITUTION   OF 


more  than  four  senators  ;  when  a  district  shall  be  composed  of  two 
or  more  counties,  they  shall  be  adjoining  ;  neither  the  city  of  Phila- 
delphia nor  any  county  shall  be  divided  in  forming  a  district. 

8.  No  person  shall  be  a  senator  who  shall  not  have  attained  the 
'age  of  twenty-five  years,  and  have  been  a  citizen  and  inhabitant  of 

the  State  four  years  next  before  his  election,  and  the  last  year 
thereof  an  inhabitant  of  the  district  for  which  he  shall  be  chosen, 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States  or  of  this  State  ;  and  no  person  elected  as  aforesaid  shall 
hold  said  office  after  he  shall  have  removed  from  such  district. 

9.  The  senators  who  may  be  elected  at  the  first  general  election 
after  the  adoption  of  the  amendments  to  the  Constitution,  shall  be 
divided  by  lot  into  three  classes.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year :  of  the 
second  class  at  the  expiration  of  the  second  year  ;  and  of  the  third 
class  at  the  expiration  of  the  third  year  ;  so  that  thereafter  one-third 
of  the  whole  number  of  senators  may  be  chosen  every  year.  The 
senators  elected  before  the  amendments  to  the  Constitution  shall  be 
adopted  shall  hold  their  offices  during  the  term  for  which  they  shall 
respectively  have  been  elected. 

10.  The  G-eneral  Assembly  shall  meet  on  the  first  Tuesday  of 
January,  in  every  year,  unless  sooner  convened  by  the  Grovernor. 

11.  Each  house  shall  choose  its  speaker  and  other  officers;  and 
the  Senate  shall  also  choose  a  speaker  pro  tempore,  when  the  speaker 
shall  exercise  the  office  of  Grovernor. 

12.  Each  house  shall  judge  of  the  qualifications  of  its  members. 
Contested  elections  shall  be  determined  by  a  committee  to  be  selected, 
formed  and  regulated  in  such  manner  as  shall  be  directed  by  law. 
A  majority  of  each  house  shall  constitute  a  quorum  to  do  business ; 
but  a  smaller  number  may  adjourn  from  day  to  da}^,  and  may  be  au- 
thorized by  law  to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  may  be  provided. 

13.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause  ;  and  shall  have  all  other  powers  necessary  for  a  branch  of 
the  Legislature  of  a  free  State. 

1 4.  The  Legislature  shall  not  have  power  to  enact  laws  annulling 
the  contract  of  marriage  in  any  case  where,  by  law,  the  courts  of 
this  commonwealth  are,  or  hereafter  may  be,  empowered  to  decree  a 
divorce. 

15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them  weekly,  except  such  parts  as  may  require  secrecy  :  and  the 
yeas  and  nays  of  the  members  on  any  question  shall,  at  the  desire 
of  any  two  of  them,  be  entered  on  the  journals. 

16.  The  doors  of  each  house  and  of  committees  of  the  whole  shall 
be  open,  unless  when  the  business  shall  be  such  9,s  ought  to  be  kept 
secret. 


PENNSYLVANIA.  187 


17.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

IS.  The  senators  and  representatives  shall  receive  a  compensation 
for  their  services  to  be  ascertained  by  law,  and  paid  out  of  the  treasu- 
ry of  the  commonwealth.  They  shall  in  all  cases,  except  treason, 
felony,  and  breach  or  surety  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  'houses, 
and  in  going  to  and  returning  from  the  same.  And  for  any  speech 
or  debate  in  either  house,  they  shall  not  be  questioned  in  any  other 
place. 

19.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  commonwealth  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased  during  such  time  ;  and  no  mem- 
ber of  Congress  or  other  person  holding  any  office,  (except  of  attor- 
ney-at-law  and  in  the  militia)  under  the  United  States  or  this  com- 
monwealth, shall  be  a  member  of  either  house  during  his  continu- 
ance in  Congress  or  in  office. 

20.  When  vacancies  happen  in  either  house,  the  speaker  shall 
issue  writs  of  election  to  fill  such  vacancies. 

21.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives,  but  the  Senate  may  propose  amendments  as  in  other 
bills. 

22.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law. 

23.  Every  bill  which  shall  have  passed  both  houses  shall  be  pre- 
sented to  the  Grovernor.  If  he  approve,  he  shall  sign  it,  but  if  he 
shall  not  approve,  he  shall  return  it  with  his  objections  to  the  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  upon  their  journals,  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration,  two-thirds  of  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent  with  the  objections  to  the  other  house,  by 
which  likewise  it  shall  be  reconsidered,  and  if  approved  by  two-thirds 
of  that  house,  it  shall  be  a  law.  But  in  such  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  or  against  the  bill  shall  be  entered  on  the 
journals  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  Governor  within  ten  days  (Sundays  excepted)  after  it 
shall  have  beenpresented  to  him,  it  shall  be  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  General  Assembly,  by  their  ad- 
journment, prevented  its  return,  in  which  case  it  shall  be  a  law, 
unless  sent  back  within  three  days  after  their  next  meeting. 

24.  Every  order,  resolution  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary  (except  on  a  question  of  adjournment) 
shall  be  presented  to  the  Governor,  and  before  it  shall  take  efiect, 
be  approved  by  him,  or  being  disapproved,  shall  be  repassed  by  two- 


188  CONSTITUTION    OF 


thirds  of  both  houses  according  to  the  rules  and  limitations  pre- 
scribed in  case  of  a  bill. 

25.  No  corporate  body  shall  be  hereafter  created,  renewed  or  ex- 
tended with  banking  or  discounting  privileges,  without  six  months' 
previous  public  notice  of  the  intended  application  for  the  same  in 
such  manner  as  shall  be  prescribed  by  law.  Nor  shall  any  char- 
ter for  the  purposes  aforesaid,  be  granted  for  a  longer  period  than 
twenty  years,  and  every  such  charter  shall  contain  a  clause  reserv- 
ing to  the  Legislature  the  power  to  alter,  revoke  or  annul  the  same, 
whenever  in  their  opinion  it  may  be  injurious  to  the  citizens  of  the 
commonwealth,  in  such  manner,  however,  that  no  injustice  shall  be 
done  to  the  corporators.  No  law  hereafter  enacted,  shall  create, 
renew,  or  extend  the  charter  of  more  than  one  corporation. 

ARTICLE    n. 

Sec.  1.  The  supreme  executive  power  of  this  commonwealth  shall 
be  vested  in  a  Governor. 

2.  The  Governor  shall  be  chosen  on  the  second  Tuesday  of  Octo- 
ber, by  the  citizens  of  the  commonwealth,  at  the  places  where  they 
shall  respectively  vote  for  representatives.  The  returns  of  every 
election  for  Governor  shall  be  sealed  up  and  transmitted  to  the  seat 
of  government,  directed  to  the  speaker  of  the  Senate,  who  shall  open 
and  publish  them  in  the  presence  of  the  members  of  both  houses  of 
the  Legislature.  The  person  having  the  highest  number  of  votes 
shall  be  Governor.  But  if  two  or  more  shall  be  equal  and  highest 
in  votes,  one  of  them  shall  be  chosen  Governor  by  the  joint  vote  of 
the  members  of  both  houses.  Contested  elections  shall  be  deter- 
mined by  a  committee  to  be  selected  from  both  houses  of  the  Legis- 
lature, and  formed  and  regulated  in  such  manner  as  shall  be  directed 
by  law. 

3.  The  Governor  shall  hold  his  ofl&ce  during  three  years  from  the 
third  Tuesday  of  January  next  ensuing  his  election,  and  shall  not 
be  capable  of  holding  it  longer  than  six  in  any  term  of  nine  years. 

4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citizen 
and  an  inhabitant  of  this  State  seven  years  next  before  his  election  ; 
unless  he  shall  have  been  absent  on  the  public  business  of  the  Uni- 
ted States,  or  of  this  State. 

5.  No  member  of  Congress  or  person  holding  any  office  under  the 
United  States,  or  this  State,  shall  exercise  the  office  of  Governor. 

6.  The  Governor  shall  at  stated  times  receive  for  his  services  a^ 
compensation,  which  shall  be  neither  increased  nor  diminished  du- 
ring the  period  for  which  he  shall  have  been  elected. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
commonwealth,  and  of  the  militia,  except  when  they  shall  be  called 
into  the  actual  service  of  the  United  States. 

8.  He  shall  appoint  a  Secretary  of  the  commonwealth  during 
pleasure,  and  he  shall  nominate,  and  by  and  with  the  advice  and 


PENNSYLVANIA.  189 


consent  of  the  Senate,  appoint  all  judicial  officers  of  courts  of  record, 
unless  otherwise  provided  for  in  this  Constitution.  He  shall  have 
power  to  fill  all  vacancies  that  may  happen  in  such  judicial  offices 
during  the  recess  of  the  Senate,  by  granting  commissions  which  shall 
expire  at  the  end  of  their  next  session ;  Provided,  that  in  acting  on 
executive  nominations  the  Senate  shall  sit  with  open  doors,  and  in 
confirming  or  rejecting  the  nominations  of  the  Governor,  the  vote 
shall  be  taken  by  yeas  and  nays. 

9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and  grant 
reprieves  and  pardons,  except  in  cases  of  impeachment. 

10.  He  may  require  information  in  writing,  from  the  officers  in 
the  executive  department,  on  any  subject  relating  to  the  duties  of 
their  respective  offices. 

11.  He  shall,  from  time  to  time,  give  to  the  General  Assembly  in- 
formation of  the  state  of  the  commonwealth,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  expedient. 

12.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly ;  and  in  case  of  disagreement  between  the  two  houses,  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  four  months. 

13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

14.  In  case  of  the  death  or  resignation  of  the  Governor,  or  his  re- 
moval from  office,  the  Speaker  of  the  Senate  shall  exercise  the  office 
of  governor,  or  until  another  governor  shall  be  duly  qualified  ;  but 
in  such  case  another  Governor  shall  be  chosen  at  the  next  annual 
election  of  representatives,  unless  such  death,  resignation,  or  removal, 
shall  occur  within  three  calendar  months  immediately  preceding 
such  next  annual  election,  in  which  case  a  Governor  shall  be  chosen 
at  the  second  succeeding  annual  election  of  representatives.  And  if 
the  trial  of  a  contested  election  shall  continue  longer  than  until  the 
third  Monday  of  January  next  ensuing  the  election  of  Governor,  the 
Governor  of  the  last  year,  or  the  Speaker  of  the  Senate  who  may  be 
in  the  exercise  of  the  executive  authority,  shall  continue  therein  until 
the  determination  of  such  contested  election,  and  until  a  Governor 
shall  be  duly  qualified  as  aforesaid. 

15.  The  Secretary  of  the  commonwealth  shall  keep  a  fair  register 
of  all  the  official  acts  and  proceedings  of  the  Governor,  and  shall, 
when  required,  lay  the  same,  and  all  papers,  minutes  and  vouchers 
relative  thereto,  before  either  branch  of  the  Legislature,  and  shall 
perform  such  other  duties  as  shall  be  enjoined  him  by  law. 

ARTICLE   in. 

Sec.  1.  In  elections  by  the  citizens,  every  white  freeman  of  the 
age  of  twenty-one  years,  having  resided  in  this  State  one  year,  and 
in  the  election  district  where  he  ofi"ers  to  vote,  ten  days  immediately 
preceding  such  election,  and  within  two  years  paid  a  State  or  county 
tax,  which,  shall  have  been  assessed  at  least  ten  days  before  the  elec- 


190  CONSTITUTION    OF 


tion.  shall  enjoy  the  rights  of  an  elector.  But  a  citizen  of  the  Uni- 
ted States,  who  had  p-reviously  been  a  qualified  voter  of  this  State, 
and  removed  therefrom  and  returned,  and  who  shall  have  resided  in 
the  election  district,  and  paid  taxes  as  aforesaid,  shall  be  entitled  to 
vote,  after  residing  in  the  State  six  months :  Provided,  that  white 
freemen,  citizens  of  the  United  States,  between  the  ages  of  twenty- 
one  and  twenty-two  years,  and  having  resided  in  the  State  one  year, 
and  in  the  election  district  ten  days  as  aforesaid,  shall  be  entitled  to 
vote,  although  they  shall  not  have  paid  taxes. 

2.  All  elections  shall  be  by  ballot,  except  those  by  persons  in  their 
representative  capacities,  who  shall  vote  viva  voce. 

3.  Electors  shall  in  all  cases,  except  treason,  felony,  and  breach 
of  surety  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  elections,  and  in  going  to  and  returning  from  them. 

ARTICLE  lY. 

Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching. 

2.  All  impeachments  shall  be  tried  by  the  Senate  ;  when  sitting 
for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation.  No 
person  shall  be  convicted,  without  the  concurrence  of  two-thirds  of 
the  members  present. 

4.  The  Governor,  and  all  other  civil  officers  under  this  common- 
wealth, shall  be  liable  to  impeachment  for  any  misdemeanor  in  office ; 
but  judgment,  in  such  cases,  shall  not  extend  further  than  to  removal 
from  office  and  disqualification  to  hold  any  office  of  honor,  trust  or 
profit,  under  this  commonwealth :  the  party,  whether  convicted  or 
acquitted,  shall,  nevertheless,  be  liable  to  indictme.nt,  trial,  judgment 
and  punishment  according  to  law. 

ARTICLE  V. 

Sec.  1.  The  judicial  power  of  this  commonwealth  shall  be  vested 
in  a  Supreme  Court,  in  courts  of  oyer  and  terminer  and  general  jail 
delivery,  in  a  court  of  common  pleas,  orphans'  court,  register's  court, 
and  a  court  of  quarter  sessions  of  the  peace  for  each  county  ;  in  jus- 
tices of  the  peace,  and  in  such  other  courts  as  the  Legislature  may, 
from  time  to  time  establish. 

2.  The  judges  of  the  Supreme  Court,  of  the  several  courts  of 
common  pleas,  and  of  such  other  courts  of  record  as  are  or  shall  be 
established  by  law,  shall  be  nominated  by  the  Governor,  and  by  and 
with  the  consent  of  the  Senate  appointed  and  commissioned  by  him. 
The  judges  of  the  Supreme  Court  shall  hold  their  offices  for  the 
term  of  fifteen  years,  if  they  shall  so  long  behave  themselves  well. 
The  president  judges  of  the  several  courts  of  common  pleas,  and  of 
such  other  courts  of  record  as  are  or  shall  be  established  by  law,  and 
all  other  judges  required  to  be  learned  in  the  law.  shall  hold  their 
offices  for  the  term  of  ten  years,  if  they  shall  so  long  behave  them- 


PENNSYLVANIA.  191 


selves  well.  The  associate  judges  of  the  courts  of  common  pleas 
shall  hold  their  offices  for  the  term  of  five  years,  if  they  shall  so 
long  behave  themselves  well.  But  for  any  reasonable  cause,  which 
shall  not  be  sufficient  ground  of  impeachment,  the  Governor  may 
remove  any  of  them  on  the  address  of  two-thirds  of  each  branch  of 
the  Legislature.  The  judges  of  the  Supreme  Court,  and  the  presi- 
dents of  the  several  courts  of  common  pleas,  shall  at  stated  times 
receive  for  their  services  an  adequate  compensation,  to  be  fixed  by 
law,  which  shall  not  be  diminished  during  their  continuance  in  office  ; 
but  they  shall  receive  no  fees  or  perquisites  of  office,  nor  hold  any 
other  office  of  profit  under  this  commonwealth. 

3.  Until  otherwise  directed  by  law,  the  courts  of  common  pleas 
shall  continue  as  at  present  estaolished.  Not  more  than  five  coun- 
ties shall  at  any  time  be  included  in  one  judicial  district  organized 
for  said  courts. 

4.  The  jurisdiction  of  the  Supreme  Court  shall  extend  ovor  the 
State  ;  and  the  judges  thereof  shall,  by  virtue  of  their  office,  be  jus- 
tices of  oyer  and  terminer  and  general  jail  delivery,  in  the  several 
counties. 

5.  The  judges  of  the  court  of  common  pleas,  in  each  county, 
shall,  by  virtue  of  their  offices,  be  justices  of  oyer  and  terminer  and 
general  jail  delivery,  for  the  trial  of  capital  and  other  offenders 
therein  ;  any  two  of  said  judges,  the  president  being  one,  shall  be  a 
quorum  ;  but  they  shall  not  hold  a  court  of  oyer  and  terminer,  or 
jail  delivery  in  any  county,  when  the  judges  of  the  Supreme  Court, 
or  any  of  them  shall  be  sitting  in  the  same  county.  The  party  ac- 
cused, as  well  as  the  commonwealth,  may,  under  such  regulations  as 
shall  be  prescribed  by  law,  remove  the  indictment  and  proceedings, 
or  a  transcript  thereof,  into  the  Supreme  Court. 

6.  The  Supreme  Court,  and  the  several  courts  of  common  pleas, 
shall,  beside  the  powers  heretofore  usually  exercised  by  them,  have 
the  powers  of  a  Court  of  Chancery,  so  far  as  relates  to  the  perpetu- 
ating of  testimony,  the  obtaining  of  evidence  from  places  not  within 
the  State,  and  the  care  of  the  persons  and  estates  of  those  who  are 
non  compos  mentis.  And  the  Legislature  shall  vest  in  the  said 
courts  such  other  powers  to  grant  relief  in  equity,  as  shall  be  found 
necessary ;  and  may,  from  time  to  time,  enlarge  or  diminish  those 
powers  or  vest  them  in  such  other  courts  as  they  shall  judge  proper, 
for  the  due  administration  of  justice. 

7.  The  judges  of  the  court  of  common  pleas  of  each  county,  any 
two  of  whom  shall  be  a  quorum,  shall  compose  the  court  of  quarter 
sessions  of  the  peace,  and  orphans'  court  thereof  ;  and  the  register 
of  wills,  together  with  the  said  judges,  or  any  two  of  them,  shall 
compose  the  register's  court  of  each  county. 

8.  The  judges  of  the  courts  of  common  pleas  shall,  within  their 
respective  counties,  have  like  powers  with  the  judges  of  the  Supreme 
Court,  to  issue  writs  of  certiorari  to  the  justices  of  the  peace,  and  to 


192  CONSTITUTION   OF 


cause  their  proceedings  to  be  brought  before  them,  and  the  like 
Iright  and  justice  to  be  done. 

9.  The  president  of  the  court  in  each  circuit  within  such  circuit, 
and  the  judges  of  the  court  of  common  pleas  within  their  respective 
counties,  shall  be  justices  of  the  peace,  so  far  as  relates  to  criminal 
matters. 

10.  A  register's  office,  for  the  probate  of  wills  and  granting  let- 
ters of  administration,  and  an  office  for  the  recording  of  deeds,  shall 
be  kept  in  each  county. 

1 1.  The  style  of  all  process  shall  be,  "  The  commonwealth  of  Penn- 
sylvania." All  prosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  commonwealth  of  Pennsylvania,  and  conclude, 
"  against  the  peace  and  dignity  of  the  same." 

ARTICLE    VI. 

Sec.  1.  Sheriffs  and  coroners  shall,  at  the  times  and  places  of 
election  of  representatives,  be  chosen  by  the  citizens  of  each  county. 
One  person  shall  be  chosen  for  each  office,  who  shall  be  commission- 
ed by  the  Grovernor.  They  shall  hold  their  offices  for  three  years, 
if  they  shall  so  long  behave  themselves  well,  and  until  a  successor 
be  duly  qualified ;  but  no  person  shall  be  twice  chosen  or  appointed 
sheriff  in  any  term  of  six  years.  Vacancies  in  either  of  the  said 
offices  shall  be  filled  by  an  appointment,  to  be  made  by  the  Governor, 
to  continue  until  the  next  general  election,  and  until  a  successor 
shall  be  chosen  and  qualified  as  aforesaid. 

2.  The  freemen  of  this  commonwealth  shall  be  armed,  organized, 
and  disciplined  for  its  defense,  when  and  in  such  manner  as  may  be 
directed  by  law.  Those  who  conscientiously  scruple  to  bear  arms, 
shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  per- 
sonal service. 

3.  Prothonotaries  of  the  Supreme  Court  shall  be  appointed  by  the 
said  court  for  the  term  of  three  years,  if  they  so  long  behave  them- 
selves well.  Prothonotaries  and  clerks  of  the  several  other  courts, 
recorders  of  deeds,  and  registers  of  wills,  shall  at  the  times  and 
places  of  election  of  representatives,  be  elected  by  the  qualified  elec- 
tors of  each  county,  or  the  districts  over  which  the  jurisdiction  of 
said  courts  extends,  and  shall  be  commissioned  by  the  Grovernor. 
They  shall  hold  their  offices  for  three  years,  if  they  shall  so  long  be- 
have themselves  well,  and  until  their  successors  shall  be  duly  quali- 
fied. The  Legislature  shall  provide  by  law  the  number  of  persons 
in  each  county  who  shall  hold  said  offices,  and  how  many  and  which 
of  said  offices  shall  be  held  by  one  person.  Vacancies  in  any  of  the 
said  offices  shall  be  filled  by  appointments  to  be  made  by  the  Gov- 
ernor, to  continue  until  the  next  general  election,  and  until  succes- 
sors shall  be  elected  and  qualified  as  aforesaid. 

4.  Prothonotaries,  clerks  of  the  peace  and  orphans'  courts,  record- 
ers of  deeds,  registers  of  wills,  and  sheriffs,  shall  keep  their  offices  in 


PENNSYLVANIA.  193 


the  county  town  of  the  county  in  which  they,  respectively,  shall  be 
officers,  unless  when  the  Governor  shall,  for  special  reasons,  dispense 
therewith,  for  any  term  not  exceeding  five  years  after  the  county 
shall  have  been  erected. 

5.  All  commissions  shall  be  in  the  name  and  by  the  authority  of 
the  commonwealth  of  Pennsylvania,  and  be  sealed  with  the  State 
seal,  and  signed  by  the  Grovernor. 

6.  A  State  Treasurer  shall  be  elected  annually,  by  joint  vote  of 
both  branches  of  the  Legislature. 

7.  Justices  of  the  peace  or  aldermen  shall  be  elected  in  the  sev- 
eral wards,  boroughs,  and  townships,  at  the  time  of  the  election  of 
constables  by  the  qualified  voters  thereof,  in  such  number  as  shall 
be  directed  by  law,  and  shall  be  commissioned  by  the  Governor  for 
a  term  of  five  years.  But  no  township,  ward  or  borough,  shall  elect 
more  than  two  justices  of  the  peace  or  aldermen  without  the  consent 
of  a  majority  of  the  qualified  electors  within  such  township,  ward  or 
borough. 

8.  AH  officers  whose  election  or  appointment  is  not  provided  for 
in  this  Constitution,  shall  be  elected  or  appointed  as  shall  be  directed 
by  law.  No  person  shall  be  appointed  to  any  office  within  any 
county  who  shall  not  have  been  a  citizen  and  an  inhabitant  therein 
one  year  next  before  his  appointment,  if  the  county  shall  have  been 
so  long  erected  ;  but  if  it  shall  not  have  been  so  long  erected,  then 
within  the  limits  of  the  county  or  counties  out  of  which  it  shall  have 
been  taken.  No  member  of  Congress  from  this  State,  or  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise 
any  office  in  this  State,  to  which  a  salary  is,  or  fees  or  perquisites 
are,  by  law,  annexed :  and  the  Legislature  may  by  law  declare  what 
State  offices  are  incompatible.  No  member  of  the  Senate  or  of  the 
House  of  Representatives  shall  be  appointed  by  the  Governor  to  any 
office  during  the  term  for  which  he  shall  have  been  elected. 

9.  All  officers  for  a  term  of  years  shall  hold  their  offices  for  the 
terms  respectively  specified,  only  on  the  condition  that  they  so  long 
behave  themselves  well ;  and  shall  be  removed  on  conviction  of  mis- 
behavior in  office  or  of  any  infamous  crime. 

10.  Any  person  who  shall,  after  the  adoption  of  the  amendments 
proposed  by  this  Convention  to  the  Constitution,  fight  a  duel,  or  send 
a  challenge  for  that  purpose,  or  be  aider  or  abettor  in  fighting  a  duel, 
shall  be  deprived  of  the  right  of  holding  any  office  of  honor  or  profit 
in  this  State,  and  shall  be  punished  otherwise  in  such  manner  as  is. 
or  may  be  prescribed  by  law ;  but  the  executive  may  remit  the  said 
offence  and  all  its  disqualifications. 

ARTICLE  VIL 

Sec.  1.  The  Legislature  shall,  as  soon  as  conveniently  may  be, 
provide,  by  law,  for  the  establishment  of  schools  throughout  the 
State,  in  such  manner  that  the  poor  may  be  taught  gratis. 
14 


194  CONSTITUTION    OF 


2.  The  arts  and  sciences  shall  be  promoted  in  one  or  more  semi 
naries  of  learning. 

3.  The  rights,  privileges,  immunities  and  estates  of  religious  soci- 
eties and  corporate  bodies,  shall  remain  as  if  the  Constitution  of  this 
State  had  not  been  altered  or  amended. 

4.  The  Legislature  shall  not  invest  any  corporate  body  or  individ- 
ual with  the  privilege  of  taking  private  property  for  public  use,  with- 
out requiring  such  corporation  or  individual  to  make  compensation 
to  the  owners  of  said  property,  or  give  adequate  security  therefor, 
before  such  property  shall  be  taken. 

ARTICLE   VIIL 

Members  of  the  General  Assembly  and  all  officers,  executive  and 
judicial,  shall  be  bound  by  oath  or  affirmation  to  support  the  Consti- 
tution of  this  commonwealth,  and  to  perform  the  duties  of  their  re- 
spective offices  with  fidelity. 

ARTICLE   IX. 

That  the  general^  great  and  essential  principles  cf  liberty  and  free  gov- 
ernment may  he  recognized  arid  unalterably  established^  we  declare  : 

Sec.  1.  That  all  men  are  born  equally  free  and  independent,  and 
have  certain  inherent  and  indefeasible  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  of  acquiring,  possessing, 
and  protecting  property  and  reputation,  and  of  pursuing  their  own 
happiness. 

2.  That  all  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  peace, 
safety,  and  happiness :  For  the  advancement  of  those  ends,  they 
have,  at  all  times,  an  inalienable  and  indefeasible  right  to  alter,  re- 
form, or  abolish  their  government,  in  such  manner  as  they  may  think 
proper. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences; 
that  no  man  can,  of  right,  be  compelled  to  attend,  erect  or  support 
any  place  of  worship,  or  to  maintain  any  ministry  against  his  con- 
sent ;  that  no  human  authority  can,  in  any  case  whatever,  control 
or  interfere  with  the  rights  of  conscience ;  and  that  no  preference 
shall  ever  be  given,  by  law,  to  any  religious  establishments  or  modes 
of  worship. 

4.  That  no  person  who  acknowledges  the  being  of  a  God  and  a 
future  state  of  rewards  and  punishments,  shall,  on  account  of  his  re- 
ligious sentiments,  be  disqualified  to  hold  any  office  or  place  of  trust 
or  profit  under  this  commonwealth. 

5.  That  elections  shall  be  free  and  equal. 

6.  That  trial  by  jury  shall  be  as  heretofofe,  and  the  right  thereof 
remain  inviolate. 


PENNSYLVANIA.  195 


7.  That  the  printing  presses  shall  be  free  to  every  person,  who 
undertakes  to  examine  the  proceedings  of  the  Legislature  or  any 
branch  of  government :  and  no  law  shall  ever  be  made  to  restrain 
the  right  thereof.  The  free  communication  of  thoughts  and  opin- 
ions is  one  of  the  invaluable  rights  of  man ;  and  every  citizen  may 
freely  speak,  writ«  and  print  on  any  subject,  being  responsible  for 
the  abuse  of  that  liberty.  In  prosecutions  for  the  publication  of  pa- 
pers, investigating  the  official  conduct  of  officers,  or  men  in  a  public 
capacity,  or  where  the  matter  published  is  proper  for  public  informa- 
tion, the  truth  thereof  may  be  given  in  evidence ;  and,  in  all  indict- 
ments for  libels,  the  jury  shall  have  a  right  to  determine  the  law 
and  the  facts,  under  the  direction  of  the  court,  as  in  other  cases. 

8.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers 
and  possessions,  from  unreasonable  searches  and  seizures  ;  and  that 
no  warrant  to  search  any  place,  or  to  seize  any  person  or  things, 
shall  issue  without  describing  them  as  nearly  as  may  be,  nor  with- 
out probable  cause,  supported  by  oath  or  affirmation. 

9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to 
be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  to  meet  the  witnesses  face  to  face,  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and  in 
prosecutions  by  indictment  or  information,  a  speedy  trial  by  an  im- 
partial jury  of  the  vicinage :  that  he  cannot  be  compelled  to  give 
evidence  against  himself,  nor  can  he  be  deprived  of  his  life,  liberty  or 
property,  unleg^jjy  the  judgment  of  his  pjsers  or  the  law  of  thejand^ 

10.  That  noperson  shall^  for  any  inTictaBe  offence7Te"pfbcee3ed 
against  criminally  by  information  ;  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger ;  or  by  leave  of  the  court  for  oppression  and 
misdemeanor  in  office.  No  person  shall  for  the  same  offence  be  twice 
put  in  jeopardy  of  life  or  limb ;  nor  shall  any  man's  property  be 
taken,  or  applied  to  public  use,  without  the  consent  of  his  represen 
tatives,  and  without  just  compensation  being  made. 

11.  That  all  courts  shall  be  open,  and  every  man  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation,  shall  have  reme- 
dy "by  the  due  course  of  law,  and  right  and  justice  administered 
without  sale,  denial  or  delay.  Suits  may  be  brought  against  the 
commonwealth  in  such  manner,  in  such  courts,  and  in  such  cases,  as 
the  Legislature  may  by  law  direct. 

12.  That  no  power  of  suspending  laws  shall  be  exercised,  unless 
by  the  Legislature,  or  its  authority. 

13.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

1 4.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  un- 
less for  capital  offences,  when  the  proof  is  evident  or  presumption 
great :  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 


196  CONSTITUTION    OF 


15.  That  no  commissioD  of  oyer  and  terminer  or  jail  delivery  shall 
be  issued. 

16.  That  the  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors  in  such  manner  as  shall 
be  prescribed  by  law. 

1 7.  That  no  ex  post  facto  law,  nor  any  law  impairing  contracts, 
shall  be  made. 

18.  That  no  person  shall  be  attainted  of  treason  or  felony  by  the 
Legislature. 

19.  That  no  attainder  shall  work  corruption  of  blood  ;  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate  to  the  common 
wealth :  that  the  estates  of  such  persons  as  shall  destroy  their  own 
lives,  shall  descend  or  vest  as  in  case  of  natural  death ;  and  if  any 
person  shall  be  killed  by  casualty,  there  shall  be  no  forfeiture  by 
reason  thereof 

20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  as- 
semble together  for  their  common  good,  and  to  apply  to  those  in- 
vested with  the  powers  of  government  for  redress  of  grievances,  or 
other  proper  purposes,  by  petition,  redress,  or  remonstrance. 

21.  That  the  right  of  the  citizens  to  bear  arms,  in  defense  of  them- 
selves and  the  State,  shall  not  be  questioned. 

22.  That  no  standing  army  shall,  in  time  of  peace,  be  kept  up, 
without  the  consent  of  the  Legislature  ;  and  the  military  shall,  in  all 
cases,  and  at  all  times,  be  in  strict  subordination  to  the  civil  power. 

23.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in 
a  manner  to  be  prescribed  b}^  law. 

24.  That  the  Legislature  shall  not  grant  any  title  of  nobility  or 
hereditary  distinction,  nor  create  any  office  the  appointment  to  which 
shall  be  for  a  longer  term  than  during  good  behaviour. 

25.  That  emigration  from  the  State  shall  not  be  prohibited. 

26.  To  guard  against  transgressions  of  the  high  powers  which  we 
have  delegated,  we  declare,  that  every  thing  in  this  article  is  excepted 
out  of  the  general  powers  of  government,  and  shall  forever  remain 
inviolate. 

ARTICLE   X. 

Any  amendment  or  amendments  to  this  Constitution  may  be  pro- 
posed in  the  Senate  or  House  of  Representatives,  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  'elected  to  each 
house,  such  proposed  amendment  or  amendjijaents  shall  be  entered  on 
their  journals,  with  the  yeas  and  nays  taken  thereon,  and  the  Secre- 
tary of  the  commonwealth  shall  cause  the  same  to  be  published  three 
months  before  the  next  election,  in  at  least  one  newspaper  in  every 
county  in  which  a  newspaper  shall  be  published  ;  and  if  in  the  Legis- 
lature next  afterwards  chosen,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a  majority  of  the  members  elected  to 


PENNSYLVANIA.  197 


each  house,  the  Secretary  of  the  commonwealth  shall  cause  the  same 
again  to  be  published  in  manner  aforesaid,  and  such  proposed  amend- 
ment or  amendments  shall  be  submitted  to  the  people  in  such  man- 
ner, and  at  such  time,  at  least  three  months  after  being  so  agreed 
to  by  the  two  houses,  as  the  Legislature  shall  prescribe ;  and  if  the 
people  shall  approve  and  ratify  such  amendment  or  amendments  by 
a  majority  of  the  qualified  voters  of  this  State  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  Constitution, 
but  no  amendment  or  amendments  shall  be  submitted  to  the  people 
oftener  than  once  in  five  years:  provided,  that  if  more  than  one 
amendment  be  submitted^  they  shall  be  submitted  in  such  manner 
and  form,  that  the  people  may  vote  for  or  against  each  amendment 
separately  and  distinctly. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  ameiidmenis 
in  the  Constitution  of  this  Commonwealth^  and  in  order  to  carry  the 
same  into  complete  operation^  it  is  hereby  declared  and  ordained,  that : 

1.  All  laws  of  this  Commonwealth  in  force  at  the  time  when  the 
said  alterations  and  amendments  in  the  said  Constitution  shall  take 
efiect,  and  not  inconsistent  therewith,  and  all  rights,  prosecutions, 
actions,  claims,  and  contracts,  as  well  of  individuals  as  of  bodies  cor- 
porate, shall  continue  as  if  the  said  alterations  and  amendments  had 
not  been  made. 

2.  The  alterations  and  amendments  in  the  said  Constitution  shall 
take  effect  from  the  first  day  of  January,  eighteen  hundred  and 
thirty-nine. 

3.  The  clauses,  sections,  and  articles  of  the  said  Constitution 
which  remain  unaltered,  shall  continue  to  be  construed  and  have 
effect  as  if  the  said  Constitution  had  not  been  amended, 

4.  The  General  Assembly  which  shall  convene  in  December, 
eighteen  hundred  and  thirty-eight,  shall  continue  its  session,  as  here- 
tofore, notwithstanding  the  provision  in  the  eleventh  section  of  th'fe 
first  article,  and  shall  at  all  times  be  regarded  as  the  first  General 
Assembly  under  the  amended  Constitution. 

5.  The  Governor,  who  shall  be  elected  in  October,  eighteen  hun- 
dred and  thirty-eight,  shall  be  inaugurated  on  the  third  Tuesday  in 
January,  eighteen  hundred  and  thirty-nine ;  to  which  time  the  pre- 
sent executive  term  is  extended. 

6.  The  commissions  of  the  judges  of  the  Supreme  Court  who  may 
be  in  office  on  the  first  day  of  January  next,  shall  expire  in  the  fol- 
lowing manner: — The  commission  which  bears  the  earliest  date 
shall  expire  on  the  first  day  of  January,  anno  domini  one  thousand 
eight  hundred  and  forty-two :  the  commission  next  dated  shall  ex- 
pire on  the  first  day  of  January,  anno  domini  one  thousand  eight 
hundred  and  forty-five :  the  commission  next  dated  shall  expire  on 
the  first  day  of  January,  anno  domini  one  thousand  eight  hundred 


19S  CONSTITUTION    OF 


and  forty-eight :  the  commission  next  dated  shall  expire  on  the  first 
day  of  January,  anno  domini  one  thousand  eight  hundred  and  fifty-one ; 
and  the  commission  last  last  dated  shall  expire  on  the  first  day  of 
January,  anno  domini  one  thousand  eight  hundred  and  fifty-four. 

7.  The  commissions  of  the  president  judges  of  the  several  judi- 
cial districts,  and  of  the  associate  law  judges  of  the  first  judicial  dis- 
trict, shall  expire  as  follows  : — The  commissions  of  one-half  of  those 
who  shall  have  held  their  offices  ten  years  or  more,  at  the  adoption 
of  the  amendments  to  the  Constitution,  shall  expire  on  the  twenty- 
seventh  day  of  February,  one  thousand  eight  hundred  and  thirty- 
nine  :  the  commissions  of  the  other  half  of  those  who  shall  have  held 
their  offices  ten  years  or  more,  at  the  adoption  of  the  amendments 
to  the  Constitution,  shall  expire  on  the  twenty-seventh  day  of  Feb- 
ruary, one  thousand  hundred  and  forty-two  :  the  first  half  to  em- 
brace those  whose  commissions  shall  bear  the  oldest  date.  The 
commissions  of  all  the  remaining  judges  who  shall  not  have  held 
their  offices  for  ten  years  at  the  adoption  of  the  amendments  to  the 
Constitution,  shall  expire  on  the  twenty-seventh  day  of  February 
next  after  the  end  of  ten  years  from  the  date  of  their  commissions. 

8.  The  recorders  of  the  several  mayors'  courts  and  other  criminal 
courts  in  this  Commonwealth,  shall  be  appointed  for  the  same  time  and 
in  the  same  manner  as  the  president  judges  of  the  several  judicial  dis- 
tricts ;  of  those  now  in  office,  the  commission  oldest  in  date  shall  ex- 
pire on  the  twenty-seventh  day  of  February,  one  thousand  eight 
hundred  and  forty-one,  and  the  others  every  two  years  thereafter 
according  to  their  respective  dates  :  those  oldest  in  date  expiring  first. 

9.  The  Legislature,  at  its  first  session  under  the  amended  Constitution,  shall  di- 
vide the  other  associate  judges  of  the  State  into  four  classes.  The  commissions  of 
those  of  the  first  class  shall  expire  on  the  twenty-seventh  day  of  Februaiy,  eighteen 
hundred  and  forty  :  of  those  of  the  second  class  on  the  twenty-seventh  day  of  Feb- 
ruary, eighteen  hundred  and  forty  one :  of  those  of  the  third  class  on  the  twenty- 
seventh  day  of  February,  eighteen  hundred  and  forty-two  :  and  those  of  the  fourth 
class  on  the  twenty-seventh  day  of  February,  eighteen  hundred  and  forty-three. 
The  said  classes,  from  the  first  to  the  fourth,  shall  be  arranged  according  to  the 
seniority  of  the  commissions  of  the  several  judges. 

1  10.  Prothonotaries,  clerks  of  the  several  courts,  (except  of  the  Supreme  Court,) 
recorders  of  deeds,  and  registers  of  wills,  shall  be  first  elected  under  the  amended 
Constitution,  at  the  election  of  representatives,  in  the  year  eighteen  hundred  and 
thirty-nine,  in  such  manner  as  may  be  prescribed  by  law. 

11.  The  appointing  power  shall  remain  as  heretofore,  and  all  officers  in  the  ap- 
pointment of  the  executive  department  shall  continue  in  the  exercise  of  the  duties 
of  their  respective  offices  until  the  Legislature  shall  pass  such  laws  as  may  be 
required  by  the  eighth  section  of  the  sixth  article  of  the  amended  Constitution,  and 
until  appointments  shall  be  made  under  such  laws;  unless  their  commissions  shall 
be  superseded  by  new  appointments,  or  shall  sooner  expire  by  their  own  limitations, 
or  the  said  offices  shall  become  vacant  by  death  or  resignation,  and  such  laws  shall 
be  enacted  by  the  first  Legislature  under  the  amended  Constitution. 

12.  The  first  election  for  aldermen  and  justices  of  the  peace  shall  be  held  in  the 
year  eighteen  hundred  and  forty,  at  the  time  fixed  for  the  election  of  constables. 
The  Legislature  at  its  first  session  under  the  amended  Constitution,  shall  provide 
for  the  said  election,  and  for  subsequent  similar  elections.  The  aldermen  and  justi- 
ces of  the  peace  now  in  commission,  or  who  may  in  the  interim  be  appointed,  shall 
continue  to  discharge  the  duties  of  their  respective  offices  until  fifteen  days  after  the 
day  which  shall  be  fixed  by  law  for  the  issuing  of  new  commissions,  at  the  expira- 
tion of  v/hich  time  their  commissions  shall  expire. 


DELAWARE. 


Delaware,  npxt  to  Rhode  Island,  is  the  smallest  State  in  the  union.  It  was 
first  settled  in  1627,  by  the  Swedes  and  Fins.  They  landed  at  Cape  Hen- 
lopen,  and  on  account  of  its  beauty  called  it  "  Paradise  Point."  They  organ- 
ized a  government,  and  built  several  forts  for  their  protection.  But  they 
were  too  weak  to  sustain  themselves  against  the  Dutch,  who  had  commenced 
making  inroads  upon  them.  In  1655  the  Dutch  took  the  territory  by  conquest. 
In  1664  the  English  conquered  the  Dutch,  and  they  were  under  the  jurisdic- 
tion of  New  York  until  1682.  About  this  time  William  Penn  obtained  a 
grant  of  Delaware  from  the  Duke  of  York,  and  it  was  for  many  years  under 
the  government  of  Pennsylvania, 

It  adopted  its  first  Constitution  in  1776,  and  its  present  one  in  1831. 

Area  2,120  sq.  m.    Population,  91,535. 

CONSTITUTION.* 

We^  the  People,  hereby  ordain  and  establish  this  Constitution  of  gov- 
ernment for  the  State  of  Delaware. 

Through  divine  goodness  all  men  have,  by  nature,  the  rights  of 
worshiping  and  serving  their  Creator  according  to  the  dictates  of 
their  consciences,  of  enjoying  and  defending  life  and  liberty,  of  ac- 
quiring and  protecting  reputation  and  property,  and,  in  general, 
of  attaining  objects  suitable  to  their  condition,  without  injury  by 
one  to  another  ;  and  as  these  rights  are  essential  to  their  welfare, 
for  the  due  exercise  thereof,  power  is  inherent  in  them ;  and  there- 
fore  all  just   authority  in  the  institutions  of  political  society  is 


*  The  amendments  are  in  brackets. 


200  CONSTITUTION    OP 


derived  from  the  people,  and  established  with  their  consent,  to  ad- 
vance their  happiness :  And  they  may  for  this  end,  as  circumstances 
require,  from  time  to  time,  alter  their  Constitution  of  government. 

ARTICLE  I. 

Sec.  1.  Although  it  is  the  duty  of  all  men  frequently  to  assemble 
together  for  the  public  worship  of  the  Author  of  the  Universe,  and 
piety  and  morality,  on  which  the  prosperity  of  communities  depends, 
are  thereby  promoted  ;  yet  no  man  shall,  or  ought  to  be  compelled 
to  attend  any  religious  worship,  to  contribute  to  the  erection  or  sup- 
port of  any  place  of  worship,  or  to  the  maintenance  of  any  ministry, 
against  his  own  free  will  and  consent :  and  no  power  shall  or  ought 
to  be  vested  in  or  assumed  by  any  magistrate,  that  shall  in  any  case 
interfere  with,  or  in  any  manner  control  the  rights  of  conscience,  in 
the  free  exercise  of  religions  worship  :  nor  shall  a  preference  be 
given  by  law  to  any  religious  societies,  denomination  or  modes  of 
worship. 

2.  No  religious  test  shall  be  required  as  a  qualification  to  any 
ofl&ce,  or  public  trust,  under  this  State. 

3.  All  elections  shall  be  free  and  equal. 

4.  Trial  by  jury,  shall  be  as  heretofore. 

5.  The  press  shall  be  free  to  every  citizen  who  undertakes  to  ex- 
amine the  ofi&cial  conduct  of  men  acting  in  a  public  capacity ;  and 
any  citizen  may  print  on  any  such  subject,  being  responsible  for  the 
abuse  of  that  liberty.  In  prosecutions  for  publications  investing 
the  proceedings  of  officers,  or  where  the  matter  published  is  proper 
for  public  information,  the  truth  thereof  may  be  given  in  evidence ; 
and  in  all  indictments  for  libels,  the  jury  may  determine  the  facts 
and  the  law,  as  in  other  cases. 

6.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and 
possessions,  from  unreasonable  searches  and  seizures :  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  things,  shall 
issue  without  describing  them  as  particularly  as  may  be,  nor  then, 
unless  there  be  probable  cause  supported  by  oath  or  affirmation. 

7.  In  all  criminal  prosecutions,  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel,  to  be  plainly  and  fully  informed 
of  the  nature  and  cause  of  the  accusation  against  him,  to  meet  the 
witnesses  in  their  examination  face  to  face,  to  have  compulsory  pro- 
cess in  due  time,  on  application  by  himself,  his  friends,  or  counsel, 
for  obtaining  witnesses  in  his  favor,  and  a  speedy  and  public  trial  by 
an  impartial  jury :  he  shall  not  be  compelled  to  give  evidence  against 
himselfynor  shall  he  be  deprived  of  life,  liberty,  or  property,  unless 

judgment  of  his  peers  or  the  law  of  the  land. 

8.  No  person  shall  for  any  indictable  offence  be  proceeded  against 
criminally  by  information,  except  in  cases  arising  in  the  land  and 
naval  forces,  or  in  the  militia  when  in  actual  service  in  time  of  war  or 
public  danger,  and  no  person  shall  be  for  the  same  offence  twice  put 


DELAWARE.  201 


in  jeopardy  of  life  or  limb  ;  nor  shall  any  man's  property  be  taken  or 
applied  to  public  use  without  the  consent  of  his  representatives,  and 
without  compensation  being  made. 

9.  All  courts  shall  be  open  :  and  every  man  for  an  injury  done 
him  in  his  reputation,  person,  movable  or  immovable  possessions, 
shall  have  remedy  by  the  due  course  of  law,  and  justice  administered 
according  to  the  very  right  of  the  cause  and  the  law  of  the  land, 
without  sale,  denial,  or  unreasonable  delay  or  expense  ;  and  every 
action  shall  be  tried  in  the  county  in  which  it  shall  be  commenced, 
unless  when  the  judges  of  the  court  in  which  the  cause  is  to  be  tried, 
shall  determine  that  an  impartial  trial  therefor  cannot  be  had  in 
that  county.  Suits  may  be  brou^t  against  the  State,  according  to 
such  regulations -as  shall  be  made  by  law. 

10.  No  power  of  suspending  laws  shall  be  exercised,  but  by  au- 
thority of  the  Legislature. 

11.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishment  inflicted :  and  in  the  construction  of 
jails,  a  proper  regard  shall  be  had  to  the  health  of  prisoners. 

12.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  ofi'ences,  when  the  proof  is  positive  or  the  presumption 
great :  and  when  persons  are  confined  on  accusation  for  such  offen- 
ces, their  friends  and  counsel  may  at  proper  seasons  have  access  to 
them. 

13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

14.  No  commission  of  oyer  and  terminer  or  jail  delivery  shall  be 
issued. 

15.  No  attainder  shall  work  corruption  of  blood,  nor,  except  dur- 
ing the  life  of  the  offender,  forfeiture  of  estate.  The  estates  of 
those  who  destroy  their  own  lives  shall  descend  or  vest  as  in  case  of 
natural  death ;  and  if  any  person  be  killed  by  accident,  no  forfeiture 
shall  be  thereby  incurred. 

16.  Although  disobedience  to  laws  by  a  part  of  the  people,  upon 
suggestions  of  impolicy  or  injustice  in  them,  tends  by  immediate 
efiect  and  the  influence  of  example,  not  only  to  endanger  the  public 
welfare  and  safety,  but  also  in  governments  of  a  republican  form, 
contravenes  the  social  principles  of  such  governments  founded  on 
common  consent  for  common  good ;  yet  the  citizens  have  a  right  in 
an  orderly  manner  to  meet  together,  and  to  apply  to  persons  intrusted 
with  the  powers  of  government,  for  redress  of  grievances  or  other 
proper  purposes,  by  petition,  remonstrance,  or  address. 

17.  No  standing  army  shall  be  kept  up  without  the  consent  of  the 
Legislature  :  and  the  military  shall,  in  all  cases  and  at  all  times,  be 
in  strict  subordination  to  the  civil  power. 

1 8.  No  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  by  a  civil 
magistrate,  in  a  manner  to  be  prescribed  by  law. 


202  CONSTITUTION    OF 

i 


19.  No  hereditary  distinction  shall  be  granted,  nor  any  office  cre- 
ated or  exercised,  the  appointments  to  which  shall  he  for  a  longer 
term  than  during  good  behavior  ;  and  no  person  holding  any  office 
under  this  State,  shall  accept  of  any  office  or  title  of  any  kind  what- 
ever, from  any  King,  Prince  or  foreign  State, 

We  declare,  that  every  thing  in  this  article  is  reserved  out  of  the 
general  powers  of  government  hereinafter  mentioned. 

ARTICLE  II. 

Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives.  " 

2.  The  representatives  shall  be  chosen  [for  two  years]  by  the 
citizens  residing  in  the  several  counties. 

No  person  shall  be  a  representative  who  shall  not  have  attained 
the  age  of  twenty-four  years,  and  have  been  a  citizen  and  inhabitant 
of  the  State  three  years  next  preceding  the  first  meeting  of  the 
Legislature  after  his  election,  and  the  last  year  of  that  term  an  in- 
habitant of  the  county  in  which  he  shall  be  chosen,  unless  he  shall 
have  been  absent  on  the  public  business  of  the  United  States,  or  of 
this  State. 

There  shall  be  seven  representatives  chosen  in  each  county,  until 
a  greater  number  of  representatives  shall  by  the  Greneral  Assembly 
be  judged  necessary ;  and  then,  two-thirds  of  each  branch  of  the 
Legislature  concurring,  they  may  by  law  make  provision  for  increas- 
ing their  number. 

3.  The  senators  shall  be  chosen  for  [four]  years  by  the  citizens 
residing  in  the  several  counties. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  twenty-seven  years,  and  have  in  the  county  in  which  he  shall 
be  chosen,  a  freehold  estate  in  two  hundred  acres  of  land,  or  an  es- 
tate in  real  or  personal  property,  or  in  either,  of  the  value  of  one 
thousand  pounds  at  least,  and  have  been  a  citizen  and  inhabitant  of 
the  State  three  years  next  preceding  the  first  meeting  of  the  Legis- 
lature after  his  election,  and  the  last  year  of  that  term  an  inhabitant 
of  the  county  in  which  he  shall  be  chosen,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States  or  of  this  State. 

There  shall  be  three  senators  chosen  in  each  county.  When  a 
greater  number  of  senators  shall  by  the  Greneral  Assembly  be  judged 
necessary,  two -thirds  of  each  branch  concurring,  they  may  by  law 
make  provision  for  increasing  their  number ;  but  the  number  of 
senators  shall  never  be  greater  than  one-half,  nor  less  than  one- 
third  of  the  number  of  representatives. 

[If  the  office  of  representative,  or  the  office  of  senator,  become 
Vacant  before  the  regular  expiration  of  the  term  thereof,  a  representa- 
tive or  a  senator  shall  be  elected  to  fill  such  vacancy,  and  shall  hold 
the  office  for  the  residue  of  said  term. 

When  there  is  a  vacancy  in  either  house  of  the  Greneral  Assembly, 


DELAWARE.  )C{Jij 


and  the  Greneral  Assembly  is  not  in  session,  the  Governor  shall  have 
power  to  issue  a  writ  of  election  to  fill  such  vacancy ;  which  writ 
shall  be  executed  as  a  writ  issued  by  a  speaker  of  either  house  in 
case  of  vacancy.] 

4.  The  General  Assembly  shall  meet  on  the  first  Tuesday  of  Janu- 
ary, biennially,  unless  sooner  convened  by  the  Governor. 

[The  first  meeting  of  the  General  Assembly,  under  this  amended 
Constitution,  shall  be  on  the  first  Tuesday  of  January,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  thirty-three,  which 
shall  be  the  commencement  of  the  biennial  sessions.] 

5.  Each  house  shall  choose  its  speaker  and  other  ofiicers  ;  and  also 
each  house,  whose  speaker  shall  exercise  the  office  of  Governor,  may 
choose  a  speaker  pro  tempore. 

6.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  own  members  ;  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  shall  be  authorized  to  compel  the  attendance  of  ab- 
sent members,  in  such  manner,  and  under  such  penalties  as  shall  be 
deemed  expedient. 

7.  Each  house  may  determine  the  rules  of  its  proceedings,  punish 
any  of  its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two-thirds,  expel  a  member,  and  shall  have  all  other  powers  neces- 
sary for  a  branch  of  the  Legislature  of  a  free  and  independent  State. 

8.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
them  immediately  after  every  session,  except  such  parts  as  may  re- 
quire secrecy,  and  the  yeas  and  nays  of  the  members  on  any  question 
shall,  at  the  desire  of  any  member,  be  entered  on  the  journal. 

9.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  open,  unless  wheii  the  business  is  such  as  ought  to  be  kept  secret. 

10.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  mofe  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

1 1.  The  senators  and  representatives  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  State ;  but  no  law  varying  the  compensation  shall 
take  effect,  until  an  election  of  the  representatives  shall  have  inter- 
vened. They  shall  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  the 
sessions  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same  ;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

12.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under  this 
State,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  time.  No  person  concerned 
in  any  army  or  navy  contracts,  nor  member  of  Congress,  nor  any 
person  holding  any  office  under  this  State  or  the  tjnited  States, 
except  the  Attorney-General,  officers  usually  appointed  by  the  courts 


204  CONSTITUTION    OF 


of  justice,  respectively,  attorneys-at-law,  and  officers  in  the  militia, 
holding  no  disqualifying  office,  shall  during  his  continuance  in  Con- 
gress or  in  office,  be  a  senator  or  representative. 

13.  When  vacancies  happen  in  either  house,  writs  of  election  shall 
be  issued  by  the  speakers  respectively,  or  in  cases  of  necessity,  in 
such  other  manner  as  shall  be  provided  by  law;  and  the  persons 
thereupon  chosen  shall  hold  their  seats  as  long  as  those  in  whose 
stead  they  are  elected  might  have  done,  if  such  vacancies  had  not 
happened. 

14.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives  ;  but  the  Senate  may  propose  alterations  as  on  other 
bills ;  and  no  bill,  from  the  operations  of  which,  when  passed  into  a 
law,  revenue  may  incidentally  arise,  shall  be  accounted  a  bill  for 
raising  revenue ;  nor  shall  any  matter  or  clause  whatever,  not  imme- 
diately relating  to  and  necessary  for  raising  revenue,  be  in  any  manner 
blended  with  or  annexed  to  a  bill  for  raising  revenue. 

1 5.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law  ;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  pub- 
lished at  least  once  in  every  two  years. 

16.  [The  State  Treasurer  shall  be  appointed  biennially  by  the 
House  of  Representatives,  with  the  concurrence  of  the  Senate.  In 
case  of  vacancy  in  the  office  of  State  Treasurer  in  the  recess  of  the 
General  Assembly,  either  through  omission  of  the  General  Assembly 
to  appoint,  or  by  the  death,  removal  out  of  the  State,  resignation,  or 
inability  of  the  State  Treasurer,  or  his  failure  to  give  security,  the 
Governor  shall  fill  the  vacancy  by  appointment,  to  continue  until  the 
next  meeting  of  the  General  Assembly.  The  State  Treasurer  shall 
settle  his  accounts  annually  with  the  General  Assembly,  or  a  com- 
mittee thereof,  which  shall  be  appointed  at  every  bienniel  session. 
No  person  who  hath  served  in  the  office  of  State  Treasurer  -shall  be 
eligible  to  a  seat  in  either  house  of  the  General  Assembly  until  he 
shall  have  made  a  final  settlement  of  his  accounts  as  treasurer,  and 
discharged  the  balance,  if  any  due  thereon. 

17.  No  act  of  incorporation,  except  for  the  renewal  of  existing 
corporations,  shall  be  hereafter  enacted  without  the  concurrence  of 
two-thirds  of  each  branch  of  the  Legislature,  and  with  a  reserved 
power  of  revocation  by  the  Legislature  ;  and  no  act  of  incorporation 
which  may  be  hereafter  'enacted  shall  continue  in  force  for  a  longer 
period  than  twenty  years,  without  the  re-enactment  of  the  Legislature, 
unless  it  be  an  incorporation  for  public  improvement.] 

ARTICLE  IIL 

Sec.  1.  The  supreme  executive  powers  of  the  State  shall  be  vested 
in  a  Governor. 

2.  The  Governor  shall  be  chosen  by  the  citizens  of  the  State. 
The  returns  of  every  election  for  Governor  shall  be  sealed  up,  and 


DELAWARE  201 


immediately  delivered  by  the  returning  officers  of  the  several  coun- 
ties to  the  Speaker  of  the  Senate,  [or  in  case  of  the  vacancy  of  the 
office  of  the  Speaker  of  the  Senate,  or  his  absence  from  the  State,  to 
the  Secretary  of  State,]  who  shall  keep  the  same  until  a  Speaker  of 
the  Senate  shall  be  appointed,  to  whom  they  shall  be  immediately 
delivered  after  his  appointment,  who  shall  open  and  publish  the 
same  in  the  presence  of  the  members  of  both  houses  of  the  Legisla- 
ture. Duplicates  of  the  said  returns  shall  also  be  immediately 
lodged  with  the  prothonotary  of  each  county.  The  person  having 
the  highest  number  of  votes  shall  be  Grovernor :  but  if  two  or  more 
shall  be  equal  in  the  highest  number  of  votes,  the  members  of  the 
two  houses  shall,  by  joint  ballot,  choose  one  of  them  to  be  Grov- 
ernor  :  and  if,  upon  such  ballot,  two  or  more  of  them  shall  still  be 
equal  and  highest  in  votes,  the  Speaker  of  the  Senate  shall  have  an 
additional  casting  vote 

Contested  elections  of  a  Governor  shall  be  determined  by  a  joint 
committee,  consisting  of  one-third  of  all  the  members  of  each  branch 
of  the  Legislature,  to  be  selected  by  ballot  of  the  house  respectively; 
every  person  of  the  committee  shall  take  an  oath  or  affirmation,  that 
in  determining  the  said  election,  he  will  faithfully  discharge  the 
trust  reposed  in  him  :  and  the  committee  shall  always  sit  with 
open  doors. 

3.  The  Governor  shall  hold  his  office  during  [four]  years  from 
the  third  Tuesday  in  January  next  ensuing  his  election,  and  shall 
not  be  [eligible  a  second  time  to  said  office.] 

4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citi- 
zen and  inhabitant  of  the  United  States  twelve  years  next  before 
the  first  meeting  of  the  Legislature  after  his  election,  and  the  last 
six  of  that  term  an  inhabitant  of  this  State,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States  or  of  this 
State. 

5.  No  member  of  Congress,  nor  person  holding  any  office 
under  the  United  States,  or  this  State,  shall  exercise  the  office  of 
Governor. 

6.  The  Governor  shall,  at  stated  times,  receive  for  his  services  an 
adequate  salary,  to  be  fixed  by  law,  which  shall  be  neither  increased 
nor  diminished  during  the  period  for  which  he  shall  have  been 
elected. 

7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  the 
State,  and  of  the  militia  ;  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

8.  He  shall  appoint  all  officers  whose  offices  are  established  by 
this  Constitution,  or  shall  be  established  by  law,  and  whose  appoint- 
ments are  not  herein  otherwise  provided  for  ;  but  no  person  shall 
be  appointed  to  an  office  within  a  county,  who  shall  not  have  a 
right  to  vote  for  representatives,  and  have  been  an  inhabitant 
therein  one  year  next  before  his  appointment,  nor  hold  the  office 
longer  than  he  continues  to  reside  in  the  county.     No  member  of 


206  ■  CONSTITUTION    OF 


Congress,  nor  any  person  holding  or  exercising  any  office  under  the 
United  States,  shall  at  the  same  time  hold  or  exercise  the  office  of 
judge,  treasurer,  attorney-general,  secretary,  prothonotary,  register 
for  the  probate  of  wills  and  granting  letters  of  administration,  re- 
corder, sheriff,  or  any  office  under  this  State,  with  a  salary  by  law 
annexed  to  it,  or  any  other  office  which  the  Legislature  shall  declare 
incompatible  with  offices  or  appointments  under  the  United  States. 
No  person  shall  hold  more  than  one  of  the  following  offices  at  the 
same  time,  to  wit:  treasurer,  attorney-general,  prothonotary,  regis- 
ter, or  sheriff.  All  commissions  shall  be  in  the  name  of  the  State, 
shall  be  sealed  with  the  great  seal,  and  be  signed  and  tested  by  the 
Governor. 

9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and  to 
grant  reprieves  and  pardons,  except  in  cases  of  impeachment.  [He 
shall  set  forth  in  writing,  fully,  the  grounds  of  all  reprieves,  par- 
dons, and  remissions,  to  be  entered  in  the  register  of  his  official  acts, 
and  laid  before  the  General  Assembly  at  their  next  session.] 

10.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

1 1 .  He  shall  from  time  to  time  give  to  the  General  Assembly 
information  of  affairs  concerning  the  State,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  expedient. 

12.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly ;  and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  exceeding  three  months. 

13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

14.  [Upon  any  vacancy  happening  in  the  office  of  Governor  by 
his  death,  removal,  resignation,  or  inability,  the  Speaker  of  the  Sen- 
ate shall  exercise  the  office  until  a  Governor  elected  by  the  people 
shall  be  duly  qualified.  If  there  be  no  Speaker  of  the  Senate,  or 
upon  a  further  vacancy  happening  in  the  office  by  his  death,  remo- 
val, resignation,  or  inability,  the  Speaker  of  the  House  of  Represen- 
tatives shall  exercise  the  office  until  a  Governor  elected  by  the  peo- 
ple shall  be  duly  qualified.  If  the  person  elected  Governor  shall  die, 
or  become  disqualified,  before  the  commencement  of  his  term  of 
office,  or  shall  refuse  to  take  the  same,  the  person  holding  the  office 
shall  continue  to  exercise  it,  until  a  Governor  shall  be  elected  and 
duly  qualified.  If  upon  a  vacancy  happening  in  the  office  of  Gov- 
ernor, there  be  no  other  person  who  can  exercise  said  office  within 
the  provisions  of  the  Constitution,  the  Secretary  of  State  shall  exer- 
cise the  same  until  the  next  meeting  of  the  General  Assembly,  who 
shall  immediately  proceed  to  elect,  by  joint  ballot  of  both  houses,  a 
person  to  exercise  the  office  until  a  Governor,  elected  by  the  people, 
shall  be  duly  qualified.  If  a  vacancy  occur  in  the  office  of  Gov- 
ernor, or  if  the  Governor  elect  die,  or  become  disqualified,  before 
the  commencement  of  his  term,  or  refuse  to  take  the  office,  an  elec- 


DELAWARE.  207 


I 


tion  for  Governor  shall  be  held  at  the  next  general  election,  unless 
the  vacancy  happen  within  six  days  next  preceding  the  election,  ex- 
clusive of  the  day  of  the  happening  of  the  vacancy  and  the  day  of 
the  election :  in  that  case,  if  an  election  for  Governor  would  not 
have  been  held  at  said  election,  without  the  happening  of  such 
vacancy,  no  election  for  Governor  shall  be  held  at  said  election  in 
consequence  of  such  vacancy.]  If  the  trial  of  a  contested  election 
shall  continue  longer  than  until  the  third  Tuesday  of  January  next 
ensuing  the  election  of  a  Governor,  the  Governor  of  the  last  year,  or 
the  Speaker  of  the  Senate,  or  of  the  House  of  Representatives, 
who  may  then  be  in  the  exercise  of  the  executive  authority,  shall 
continue  therein  until  a  determination  of  such  contested  election. 
The  Governor  shall  not  be  removed  from  his  office  for  inability,  but 
with  the  concurrence  of  two-thirds  of  all  the  members  of  each 
branch  of  the  Legislature. 

15.  A  Secretary  shall  be  appointed  and  commissioned  during  the 
Governor's  continuance  in  office,  if  he  shall  so  long  behave  himself 
well.  He  shall  keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings of  the  Governor,  and  shall,  when  required  by  either  branch 
of  the  Legislature,  lay  the  same,  and  all  papers,  minutes,  and  vouchers, 
relative  thereto,  before  them,  and  shall  perform  such  other  duties  as 
shall  be  enjoined  him  by  law.  He  shall  have  a  compensation  for  his 
services,  to  be  fixed  by  law. 

ARTICLE   IV. 

Sec.  1.  [All  elections  for  Governor,  senators,  representatives,  sher- 
iffs, and  coroners,  shall  be  held  on  the  second  Tuesday  of  November, 
and  be  by  ballot :  and  in  such  elections  every  free  white  male  citizen  of 
the  age  of  twenty-two  years  or  upwards,  having  resided  in  the  State 
one  year  next  before  the  election,  and  the  last  month  thereof  in  the 
county  where  he  offers  to  vote,  and  having  within  two  years  next 
before  the  election  paid  a  county  tax,  which  shall  have  been  assessed 
at  least  six  months  before  the  election,  shall  enjoy  the  right  of  an 
elector ;  and  every  free  white  male  citizen  of  the  age  of  twenty-one 
years,  and  under  the  age  of  twenty-two  years,  having  resided  as 
aforesaid,  shall  be  entitled  to  vote  without  payment  of  any  tax :  pro- 
vided, that  no  person  in  the  military,  naval,  or  marine  service  of  the 
United  States  shall  be  considered  as  acquiring  a  residence  in  this 
State,  by  being  stationed  in  any  garrison,  barrack,  or  military  or 
naval  place  or  station  within  this  State  ]  and  no  idiot,  or  insane  per- 
son, or  pauper,  or  person  convicted  of  a  crime  deemed  by  law  felony, 
shall  enjoy  the  right  of  an  elector ;  and  that  the  Legislature  may 
impose  the  forfeiture  of  the  right  of  suffrage  as  a  punishment  for 
crime.] 

2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  an  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  them. 


208  CONSTITUTION    OF 


ARTICLE   Y. 

Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeaching :  but  two-thirds  of  all  the  members  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate  ;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affir- 
mation to  do  justice  according  to  the  evidence.  No  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  all  the  senators. 

2.  The  Governor,  and  all  other  civil  officers  under  this  State,  shall 
be  liable  to  impeachment  for  treason,  bribery,  or  any  high  crime  or 
misdemeanor  in  office.  Judgment  in  such  cases  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State  ;  but  the  party  con- 
victed shall  nevertheless  be  subject  to  indictment,  trial,  judgment, 
and  punishment  according  to  law. 

3.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  the  enemies  of  the  Government,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court. 

ARTICLE   VL 

Sec.  1 .  [The  judicial  power  of  this  State  shall  be  vested  in  a  Court  of 
Errors  and  Appeals,  a  Superior  Court,  a  Court  of  Chancery,  an  Or- 
phan's Court,  a  Court  of  Oyer  and  Terminer,  a  Court  of  General 
Sessions  of  the  peace  and  jail  delivery,  a  Register's  Court,  justices 
of  the  peace,  and  such  other  courts  as  the  General  Assembly,  with 
the  concurrence  of  two-thirds  of  all  the  members  of  both  houses 
shall  from  time  to  time  establish.] 

2.  [To  compose  the  said  courts  there  shall  be  five  judges  in  the 
State.  One  of  them«  shall  be  Chancellor  of  the  State  :  he  shall  also 
be  President  of  the  Orphan's  Court :  he  may  be  appointed  in  any 
part  of  the  State.  The  other  four  judges  shall  compose  the  Superior 
Court,  the  Court  of  Oyer  and  Terminer,  and  the  Court  of  Gene- 
ral Sessions  of  the  peace  and  jail  delivery,  as  hereinafter  prescribed. 
One  of  them  shall  be  Chief-Justice  of  the  State,  and  may  be  ap- 
pointed in  any  part  of  it.  The  other  three  judges  shall  be  associate 
judges,  and  one  of  them  shall  reside  in  each  county.] 

3.  [The  Superior  Court  shall  consist  of  the  Chief- Justice  and  two 
associate  judges.  The  Chief-Justice  shall  preside  in  every  county, 
and  in  his  absence  the  senior  associate  judge  sitting  in  the  county 
shall  preside.  No  associate  judge  shall  sit  in  the  county  in  which 
he  resides.  Two  of  the  said  judges  shall  constitutie  a  quorum.  One 
may  open  and  adjourn  the  Court,  and  make  all  rules  necessary  for 
the  expediting  of  business. 

This  Court  shall  have  jurisdiction  of  all  causes  of  a  civil  nature, 
real,  personal,  and  mixed,  at  common  law,  and  all  other  the  jurisdic- 


DELAWARE.  209 


I 


tion  and  powers  vested  by  the  laws  of  this  State  in  the  Supreme 
Court  or  Court  of  Common  Pleas.] 

4.  [The  Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery 
shall  be  composed  in  each  county  of  the  same  judges  and  in  the 
same  manner  as  the  Superior  Court.  Two  shall  constitute  a  quorum. 
One  may  open  and  adjourn  the  Court.  This  Court  shall  have  all  the 
jurisdiction  and  powers  vested  by  the  laws  of  this  State  in  the  Court 
of  General  Quarter  Sessions  of  the  Peace  and  Jail  Delivery.] 

5.  [The  Chancellor  shall  hold  the  Court  of  Chancery.  This  Coijrt 
shall  have  all  the  powers  vested  by  the  laws  of  this  State  in  the 
Court  of  Chancery.] 

6.  [The  Court  of  Oyer  and  Terminer  shall  consist  of  all  the 
judges  except  the  Chancellor.  Three  of  the  said  judges  shall  con- 
stitute a  quorum.  One  may  open  and  adjourn  the  Court.  This 
Court  shall  exercise  the  jurisdiction  now  vested  in  the  courts  of  Oyer 
and  Terminer  and  General  Jail  Delivery  by  the  laws  of  this  State. 
In  the  absence  of  the  Chief-Justice  the  senior  associate  present  shall 
preside.] 

7.  [The  Court  of  Errors  and  Appeals  shall  have  jurisdiction  to 
issue  writs  of  error  to  the  Superior  Court,  and  to  receive  appeals 
from  the  Court  of  Chancery,  and  to  determine  finally  all  matters  in 
error  in  the  judgments  and  proceedings  of  said  Superior  Court,  and 
all  matters  of  appeal  in  the  interlocutory  or  final  decrees  and  pro- 
ceedings in  chancery.  The  Court  of  Errors  and  appeals  upon  a  writ 
of  error  to  the  Superior  Court  shall  consist  of  three  judges  at  least : 
that  is  to  say,  the  Chancellor,  who  shall  preside,  the  associate  judge 
who  could  not  on  account  of  his  residence  sit  in  the  cause  below, 
and  one  of  the  judges  who  did  sit  in  the  said  cause.  The  judges  of 
the  Superior  Court  to  whom  it  appertains  to  hold  the  Superior  Court 
in  each  county  shall  sit  alternately  in  the  Court  of  Errors  and  Ap- 
peals in  cases  in  error  brought  from  the  Superior  Court  held  in  such 
county,  according  to  the  following  rotation :  th9,t  is  to  say,  if  the 
judgment  below  be  rendered  in  the  Court  in  New  Castle  county  at 
the  first  term  of  the  said  Court  there,  the  Chief- Justice  shall  sit ;  if 
at  the  second  term  of  said  Court  there,  the  associate  judge  for  Kent 
county  shall  sit ;  and  if  at  the  third  term  of  said  Court  there,  the 
associate  judge  for  Sussex  county  shall  sit.  If  the  judgment  below 
be  rendered  in  the  Court  in  Kent  county  at  the  first  term  of  said 
Court  there,  the  associate  judge  for  Sussex  county  shall  sit ;  if  at  the 
second  term  of  the  said  Court  there,  the  associate  judge  for  New  Castle 
county  shall  sit ;  and  if  at  the  third  term  of  the  Court  there,  the  Chief- 
Justice  shall  sit.  If  the  judgment  below  be  rendered  in  the  Court 
in  Sussex  county  at  the  first  term  of  said  Court  there,  the  associate 
judge  for  New  Castle  county  shall  sit ;  if  at  the  second  term  of  said 
Court  there,  the  Chief- justice  shall  sit,  and  if  at  the  third  term  of  said 
Court  there,  the  associate  judge  for  Kent  county  shall  sit ;  and  so  from 
term  to  term,  in  every  succeeding  rotation,  the  judges  beginning  and 
following  each  other  in  the  same  order.     But  if  in  any  case  in  the 

15 


210 


CONSTITUTION   OF 


Court  of  Errors  and  Appeals,  the  judge  wlio  sat  in  the  cause  below, 
and  ought  according  to  this  provision  to  sit  in  the  Court  of  Errors  and 
Appeals,  be  absent,  unable,  or  disqualified,  then  either  of  the  other 
judges  who  sat  in  the  cause  below  may  sit ;  and  the  Court  shall  have 
power  to  prevent  any  inconvenience  or  delay  from  observing  the  ro- 
tation above  described,  by  making  an  order  or  regulation  for  either 
of  the  judges  who  sat  in  the  cause  below,  to  sit  in  such  cause  in  the 
Court  of  Errors  and  Appeals.  If  a  judge  did  not  sit  in  the  cause 
below,  he  shall  sit  in  the  said  cause  in  the  Court  of  Errors  and  Ap- 
peals, unless  there  be  a  legal  exception  to  him ;  but  the  Court,  if  there 
be  three  judges  present,  may  proceed  in  his  absence. 

Whenever  the  Superior  Court  consider  that  a  question  of  law  ought 
to  be  decided  before  all  the  judges,  they  shall  have  power,  upon  the 
application  of  either  party,  to  direct  it  to  be  heard  in  the  Court  of 
Errors  and  Appeals ;  and  in  that  case  the  Chancellor  and  four 
judges  shall  compose  the  Court  of  Errors  alid  Appeals,  the  Chan- 
cellor presiding,  and  any  four  of  them  being  a  quorum  ;  and  in 
the  absence  of  the  Chancellor,  the  Chief- Justice  shall  preside.  The 
Superior  Court  in  exercising  this  power  may  direct  a  cause  to  be 
proceeded  in  to  verdict  and  judgment  in  that  Court,  or  to  be  oth- 
erwise proceeded  in,  as  shall  be  best  for  expediting  justice. 

Upon  appeal  from  the  Court  of  Chancery,  the  Court  of  Errors 
and  Appeals  shall  consist  of  the  Chief- Justice  and  three  associate 
judges  ;  any  three  of  them  shall  be  a  quorum.] 

8.  [In  matters  of  chancery  jurisdiction  in  which  the  Chancellor 
is  interested,  the  Chief- Justice  sitting  in  the  Superior  Court  without 
the  associate  judges,  shall  have  jurisdiction,  with  an  appeal  to  the 
Court  of  Errors  and  Appeals,  which  shall  consist  in  this  case  of  the 
three  associate  judges,  the  senior  associate  judge  presiding.] 

9.  [The  Governor  shall  have  power  to  commission  a  judge  ad  litem, 
to  decide  any  cause  in  which  there  is  a  legal  exception  to  the  Chan- 
cellor, or  any  judge,  so  that  such  appointment  is  necessary  to  con- 
stitute a  quorum  in  either  court.  The  commission  in  such  case 
shall  confine  the  office  to  the  cause,  and  it  shall  expire  on  the  de- 
termination of  the  cause.  The  judge  so  appointed  shall  receive  a 
reasonable  compensation,  to  be  fixed  by  the  Greneral  Assembly. 
A  member  of  Congress,  or  any  person  holding  or  exercisipg  an 
office  under  the  United  States,  shall  not  be  disqualified  from  being 
appointed  a  judge  ad  litem.'] 

10.  [The  Orphans'  Court  in  each  county,  shall  be  held  by  the 
Chancellor  and  the  associate  judge  residing  in  the  county;  the 
Chancellor  being  president.  Either  of  them,  in  the  absence  of  the 
other,  may  hold  the  Court.  When  they  concur  in  opinion,  there 
shall  be  no  appeal  from  their  decision  except  in  matter  of  real 
estate.  When  their  opinions  are  opposed,  or  when  a  decision  is 
made  by  one  of  them,  and  in  all  matters  involving  a  right  to  real 
estate,  or  the  appraised  value  or  other  value  thereof,  there  shall  be 
an  appeal  to  the  Superior  Court  for  the  county,  which  shall  have 


DELAWARE.  211 


final  jurisdiction  in  every  sucli  case.  This  Court  shall  have  all  the 
jurisdiction  and  powers  vested  by  the  laws  of  this  State  in  the  Or- 
phans' Court.] 

11.  [The  jurisdiction  of  each  of  the  aforesaid  courts  shall  be  co- 
extensive with  the  State.  Process  may  be  issued  out  of  each  court, 
in  either  county,  into  every  county.] 

12.  [The  General  Assembly,  notwithstanding  any  thing  contained 
in  this  article,  shall  have  power  to  repeal  or  alter  ■  any  act  of  the 
General  Assembly,  giving  jurisdiction  to  the  courts  of  Oyer  and 
Terminer  and  General  Jail  Delivery,  or  to  the  Supreme  Court,  or  the 
Court  of  Common  Pleas,  or  the  Court  of  General  Quarter  Sessions 
of  the  Peace  and  General  Jail  Delivery,  or  the  Orphans'  Court,  or  to 
the  Court  of  Chancery,  in  any  matter,  or  giving  any  power  to  either 
of  said  courts.  Until  the  General  Assembly  shall  otherwise  direct, 
there  shall  be  an  appeal  to  the  Court  of  Errors  and  Appeals  in  all 
cases  in  which  there  is  an  appeal,  according  to  any  act  of  the  Gene- 
ral Assembly,  to  the  high  Court  of  Errors  and  Appeals.] 

13.  [Until  the  General  Assembly  shall  otherwise  provide,  the 
Chancellor  shall  exercise  all  the  powers  which  any  law  of  the  State 
vests  in  the  Chancellor  besides  the  general  powers  of  the  Court  of 
Chancery ;  and  the  Chief  Justice  and  associate  judges  shall  each 
singly  exercise  all  the  powers  which  any  law  of  this  State  vests  in  the 
judges  singly  of  the  Supreme  Court  or  Court  of  Common  Pleas.] 

14.  [The  Chancellor  and  judges  shall  respectively  hold  their 
offices  during  good  behavior,  and  receive  for  their  services  a  com- 
pensation which  shall  be  fixed  by  law  and  paid  quarterly,  and  shall 
not  be  less  than  the  following  sums,  that  is  to  say : — the  annual 
salary  of  the  Chief  Justice  shall  not  be  less  than  the  sum  of  one 
thousand  two  hundred  dollars :  and  the  annual  salary  of  the  Chan- 
cellor shall  not  be  less  than  the  sum  of  one  thousand  one  hundred 
dollars :  and  the  annual  salaries  of  the  associate  judges,  respec- 
tively, shall  not  be  less  than  the  sum  of  one  thousand  dollars  each. 
They  shall  hold  no  other  office  of  profit,  nor  receive  any  fees  or  per- 
quisites in  addition  to  their  salaries  for  business  done  by  them. 
The  Governor  may,  for  any  reasonable  cause,  in  his  discretion,  re- 
move any  of  them  on  the  address  of  two-thirds  of  all  the  members 
of  each  branch  of  the  General  Assembly.  In  all  cases  where  the 
Legislature  shall  so  address  the  Governor,  the  cause  of  removal  shall 
be  entered  on  the  journals  of  each  house.  The  judge  against  whom 
the  Legislature  may  be  about  to  proceed,  shall  receive  notice  there- 
of, accompanied  with  the  causes  alleged  for  his  removal,  at  least  five 
days  before  the  day  on  which  either  house  of  the  General  Assembly 
shall  act  thereupon.] 

1 5.  [The  General  Assembly  may  by  law  give  to  any  inferior  courts 
by  them  to  be  established,  or  to  one  or  more  justices  of  the  peace, 
jurisdiction  of  the  criminal  matters  following,  that  is  to  say :  assaults 
and  batteries,  keeping  without  license  a  public  house  of  entertain- 
ment, tavern,  inn,  ale-house,  ordinary  or  victualling  house,  retailing 


212  CONSTITUTION    OP 


or  selling  without  license,  wine,  rum,  brandy,  gin,  whiskey,  or  spirit- 
uous or  mixed  liquors  contrary  to  law,  disturbing  camp-meetings 
held  for  the  purpose  of  religious  worship,  disturbing  other  meetings 
for  the  purpose  of  religious  worship,  nuisances,  horse-racing,  cock- 
fighting,  and  shooting  matches,  larcenies  committed  by  negroes  or 
mulattoes,  and  the  offence  of  knowingly  buying,  receiving  or  con- 
cealing by  negroes  or  mulattoes,  of  stolen  goods  and  things  the  sub- 
ject of  larceny,  and  of  any  negro  or  mulatto  being  accessary  to  any 
larceny.  The  General  Assembly  may  by  law  regulate  this  jurisdic- 
tion, and  provide  that  the  proceedings  shall  be  with  or  without  in- 
dictment by  grand  jury,  or  trial  by  petit  jury,  and  may  grant  or  deny 
the  privilege  of  appeal  to  the  Court  of  Greneral  Sessions  of  the  Peace  : 
the  matters  within  this  section  shall  be  and  the  same  hereby  are  ex- 
cepted and  excluded  from  the  provision  of  the  Constitution,  that — 
'*  No  person  shall  for  an  indictable  offence  be  proceeded  against 
criminally  by  information," — and  also  from  the  provision  of  the  Con- 
stitution concerning  trial  by  jury. 

16.  In  civil  causes  when  pending,  the  [Superior]  Court  shall  have 
the  power,  before  judgment,  of  directing  upon  such  terms  as  they 
shall  deem  reasonable,  amendments  in  pleadings  and  legal  proceed- 
ings, so  that  by  error  in  any  of  them,  the  determination  of  causes, 
according  to  their  real  merits,  shall  not  be  hindered  ;  and  also  of  di- 
recting the  examination  of  witnesses  that  are  aged,  very  infirm,  or 
going  out  of  the  State,  upon  interrogatories  de  benne  esse,  to  be  read 
in  evidence,  in  case  of  the  death  or  departure  of  the  witnesses  before 
the  trial,  or  inability  by  reason  of  age,  sickness,  bodily  infirmity,  or 
imprisonment,  then  to  attend ;  and  also  the  power  of  obtaining  evi- 
dence from  places  not  within  this  State. 

17.  At  any  time  pending  an  action  for  debt  or  damages,  the  de- 
fendant may  bring  into  court  a  sum  of  money  for  discharging  the 
same,  and  the  cost  then  accrued,  and  the  plaintiff  not  accepting 
thereof,  it  shall  be  delivered  for  his  use  to  the  clerk  or  prothonotary 
of  the  court;  and  if,  upon  the  final  decision  of  the  cause,  the  plain- 
tiff shall  not  recover  a  greater  sum  than  that  so  paid  into  court  for 
him,  he  shall  not  recover  any  costs  accruing  after  such  payment,  ex- 
cept where  the  plaintiff  is  an  executor  or  administrator. 

18.  By  the  death  of  any  party,  no  suit  in  chancery  or  at  law, 
where  the  cause  of  action  survives,  shall  abate,  but  until  the  Legis- 
lature shall  otherwise  provide,  suggestion '  of  such  death  being  en- 
tered of  record,  the  executor  or  administrator  of  a  deceased  peti- 
tioner or  plaintiff  may  prosecute  the  said  suit ;  and  if  a  respondent 
or  defendant  dies,  the  executor  or  administrator  being  duly  served 
with  a  scire  facias,  thirty  days  before  the  term  thereof,  shall  be  con- 
sidered as  a  party  to  the  suit,  in  the  same  manner  as  if  he  had  vol- 
untarily made  himself  a  party :  and  in  any  of  those  cases,  the  court 
shall  pass  a  decree,  or  render  judgment  for  or  against  the  executors 
or  administrators,  as  to  right  appertains.  But  where  an  executor 
or  administrator  of  a  deceased  respondent  or  defendant  becomes  a 


DELAWARE.  213 


party,  the  Court,  upon  motion,  shall  grant  such  a  continuance  of  the 
cause  as  to  the  judges  shall  appear  proper. 

19.  Whenever  a  person,  not  being  an  executor  or  administrator, 
appeals  from  a  decree  of  the  Chancellor,  or  applies  for  a  writ  of  error, 
such  appeal  or  writ  shall  be  no  stay  of  proceeding  in  the  chancery, 
or  the  court  to  which  the  writ  issues,  unless  the  appellant  or  plaintiflf 
in  error  shall  give  sufficient  security,  to  be  approved  respectively  by 
the  Chancellor,  or  by  a  judge  of  the  court  from  which  the  writ  issues, 
that  the  appellant  or  plaintiflf  in  error  shall  prosecute  respectively 
his  appeal  or  writ  to  eflfect,  and  pay  the  condemnation  money  and  all 
costs,  or  otherwise  abide  the  decree  in  appeal,  or  the  judgment  in 
error,  if  he  fail  to  make  his  plea  good. 

20.  No  writ  of  error  shall  be  brought  upon  any  judgment  hereto- 
fore confessed,  entered,  or  rendered,  but  within  five  years  from  this 
time  ;  nor  upon  any  judgment  hereafter  to  be  confessed,  entered,  or 
rendered,  but  within  five  years  after  the  confessing,  entering,  or  ren- 
dering thereof ;  unless  the  person  entitled  to  such  writ  be  an  infant, 
feme  covert,  non  compos  mentis,  or  a  prisoner,  and  then  with  five 
years  exclusive  of  the  time  of  such  disability. 

2 1 .  An  executor,  administrator,  or  guardian  shall  file  every  account 
with  the  register  for  the  county,  who  shall,  as  soon  as  conveniently 
may  be,  carefully  examine  the  particulars  with  the  proofs  thereof,  in 
the  presence  of  such  executor,  administrator,  or  guardian,  and  shall 
adjust  and  settle  the  same,  according  to  the  very  right  of  the  matter 
and  the  law  of  the  land ;  which  account  so  settled,  shall  remain  in 
his  office  for  inspection  ;  and  the  executor,  administrator,  or  guardian 
shall,  within  three  months  after  such  settlement,  give  due  notice  in 
writing  to  all  persons  entitled  to  shares  of  the  estate,  or  to  their 
guardians  respectively,  if  residing  within  the  State,  that  the  account 
is  lodged  in  the  said  office  for  inspection.  [Exceptions  may  be  made 
by  persons  concerned,  to  both  sides  of  every  such  account,  either 
denying  the  justice  of  the  allowances  made  to  the  accountant,  or 
alleging  further  charges  against  him  ;  and  the  exceptions  shall  be 
heard  in  the  Orphan's  Court  for  the  county ;  and  thereupon  the  ac- 
count shall  be  adjusted  and  settled  according  to  the  right  of  the 
matter  and  the  law  of  the  land.] 

22.  The  register's  of  the  several  counties  shall  respectively  hold 
the  Register's  Court  in  each  county.  Upon  the  litigation  of  a  cause, 
the  depositions  of  the  witnesses  examined  shall  be  taken  at  large  in 
writing,  and  make*  part  of  the  proceedings  in  the  cause.  This  Court 
may  issue  process  throughout  the  State,  to  compel  the  attendance  of 
witnesses.  Appeals  may  be  made  from  the  Register's  Court  to  the 
[Superior]  Court,  whose  decisions  shall  be  final.  In  cases  where  a 
register  is  interested  in  questions  concerning  the  probate  of  wills, 
the  granting  letters  of  administration,  or  executors,  administrators, 
or  guardians'  accounts,  the  cognizance  thereof  shall  belong  to  the 
Orphan's  Court,  with  an  appeal  to  the  [Superior]  Court,  whose  de- 
cisions shall  be  final. 


CONSTITUTION    OF 


23.  [The  prothonotary  of  the  Superior  Court  may  issue  process, 
take  recognizances  of  bail,  and  enter  judgments,  according  to  law 
and  the  practice  of  the  Court.]  No  judgment  in  one  county  shall 
bind  lands  or  tenements  in  auoiher^ujitilsitestatum  fieri  facias  hemg 
issued,  shall  be  entered  of  record  in  the  office  of  the  prothonotary 
of  the  county  wherein  the  lands  or  tenements  are  situated. 

24.  The  Grovernor  shall  appoint  a  competent  number  of  persons 
to  the  office  of  justice  of  the  peace,  not  exceeding  twelve  in  each 
county,  until  two-thirds  of  both  houses  of  the  Legislature  shall  by 
law  direct  an  addition  to  the  number,  who  shall  be  commissioned  for 
seven  years,  if  so  long  they  shall  behave  themselves  well,  but  may 
be  removed  by  the  Governor  within  that  time  on  conviction  of  mis- 
behavior in  office,  or  on  the  address  of  both  houses  of  the  Legislature. 

25.  The  style  in  all  process  and  public  acts  shall  be,  "  The  State 
of  Delawa/rey  Prosecutions  shall  be  carried  on  in  the  name  of  the 
State. 

ARTICLE  VIL 

Sec.  1.  The  members  of  the  Senate  and  House  of  Representa- 
tives, the  Chancellor,  the  judges,  and  the  Attorney-General  shall, 
by  virtue  of  their  offices,  be  conservators  of  the  peace  throughout  the 
State  ;  and  the  Treasurer,  Secretary,  prothonotaries,  registers,  record- 
ers, sheriffs,  and  coroners,-  shall,  by  virtue  of  their  offices,  be  conser- 
vators thereof  within  the  counties  respectively  in  which  they  reside. 

2.  The  representative,  and,  when  there  shall  be  more  than  one, 
the  representatives  of  the  people  of  this  State  in  Congress,  shall  be 
voted  for  at  the  same  places  where  representatives  in  the  Legisla- 
ture are  voted  for,  and  in  the  same  manner. 

3.  [The  sheriff  and  coroner  of  each  county  shall  be  chosen  by  the 
citizens  residing  in  such  county.  They  shall  hold  their  respective 
offices  for  two  years,  if  so  long  they  behave  themselves  well,  and  un- 
til successors  be  duly  qualified ;  but  no  person  shall  be  twice  chosen 
sheriff  upon  election  by  the  citizens  in  any  term  of  four  years.  They 
shall  be  commissioned  by  the  Governor.  The  Governor  shall  fill  va- 
cancies in  these  offices  by  appointments  to  continue  until  the  next 
election,  and  until  successors  shall  be  duly  qualified.  The  Legisla- 
ture, two-thirds  of  each  branch  concurring,  may  vest  the  appoint- 
ment of  sheriffs  and  coroners  in  the  Governor ;  but  no  person  shall 
be  twice  appointed  sheriff  in  any  term  of  six  years.] 

4.  The  Attorney-General,  [registers  in  chancery,]  prothonota- 
ries, registers,  clerks  of  the  orphans'  court  and  of  the  peace,  shall 
respectively  be  commissioned  for  five  years,  if  so  long  they  shall  be- 
have themselves  well :  but  may  be  removed  by  the  Governor  within 
that  time  on  conviction  of  misbehavior  in  office,  or  on  the  address  of 
both  houses  of  the  Legislature.  Prothonotaries,  [registers  in  chan- 
cery,] clerks  of  the  orphans'  court,  registers,  recorders,  and  sheriffs, 
shall  keep  their  offices  in  the  town  or  place  in  each  county  in  which 
the  [superior]  court  [is]  usually  held. 


DELAWARE.  215 


5.  Attorneys-at-law,  all  inferor  offices  in  the  treasury  department, 
election  officers,  officers  relating  to  taxes,  to  the  poor,  and  to  high- 
ways, constables  and  hundred  officers,  shall  be  appointed  in  such 
manner  as  is  or  may  be  directed  by  law. 

6.  All  salaries  and  fees  annexed  to  officers  shall  be  moderate ;  and 
no  officer  shall  receive  any  fees  whatever  without  giving  to  the  per- 
son who  pays,  a  receipt  for  them,  if  required,  therein  specifying 
every  particular  and  the  charge  for  it. 

7.  No  costs  shall  be  paid  by  a  person  accused  on  a  bill  being  re- 
turned ignoramus,  nor  on  acquittal  by  a  jury. 

8.  The  rights,  privileges,  immunities,  and  estates  of  religious  so- 
cieties and  corporate  bodies  shall  remain  as  if  the  Constitution  of 
this  State  had  not  been  altered.  No  [ordained]  clergyman  or  [or- 
dained] preacher  of  the  Grospel  of  any  denomination  shall  be  capa- 
ble of  holding  any  civil  office  in  the  State,  or  of  being  a  member  of 
either  branch  of  the  Legislature  while  he  continues  in  the  exercise 
of  the  pastoral  or  clerical  functions. 

9.  All  the  laws  of  this  State  existing  at  the  time  of  making  this 
Constitution,  and  not  inconsistent  with  it,  shall  remain  in  force,  un- 
less they  shall  be  altered  by  future  laws ;  and  all  actions  and  pros- 
ecutions now  pending  shall  proceed  as  if  this  Constitution  had  not 
been  made. 

10.  This  Constitution  shall  be  prefixed  to  every  edition  of  the 
laws  made  by  direction  of  the  Legislature. 

11.  The  Legislature  shall,  as  soon  as  conveniently  may  be,  pro- 
vide by  law  for  ascertaining  what  statutes  and  parts  of  statutes  shall 
continue  to  be  in  force  within  this  State ;  for  reducing  them  and  all 
acts  of  the  Greneral  Assembly  into  such  order,  and  publishing  them 
in  such  manner,  that  thereby  the  knowledge  of  them  may  be  gener- 
ally diffused ;  for  choosing  inspectors  and  judges  of  elections,  and 
regulating  the  same  in  such  manner  as  shall  most  effectually  guard 
the  rights  of  the  citizens  entitled  to  vote ;  for  better  securing  per- 
sonal liberty,  and  easily  and  speedily  redressing  all  wrongful  re- 
straints thereof;  for  more  certainly  obtaining  returns  of  impartial 
juries ;  for  dividing  lands  and  tenements  in  sales  by  sheriffs,  where 
they  will  bear  a  division,  into  as  many  parcels  as  may  be  without 
spoiling  the  whole,  and  for  advertising  and  making  the  sales  in  such 
manner,  and  at  such  times  and  places  as  may  render  them  most  ben- 
eficial to  all  persons  concerned;  and  for  establishing  schools,  and 
promoting  arts  and  sciences. 

12.  [No  property  qualification  shall  be  necessary  to  the  holding 
of  any  office  in  this  State,  except  the  office  of  senator  in  the  General 
Assembly,  and  the  office  of  assessor,  inquisitor  on  lands,  and  levy 
court  commissioner,  and  except  such  offices  as  the  General  Assembly 
shall  by  law  designate.] 

ARTICLE  VIIL 
Members  of  the  General  Assembly  and  all  officers,  executive  and 
judicial,  shall  be  bound  by  oath  or  affirmation,  to  support  the  Con- 


216  CONSTITUTION   OF 


stitution  of  this  State,  and  to  perforin  the  duties  of  their  respective 
offices  with  fidelity. 

ARTICLE  IX. 

The  General  Assembly,  whenever  two-thirds  of  each  house  shall 
deem  it  necessary,  may,  with  the  approbation  of  the  Governor,  pro- 
pose amendments  to  this  Constitution,  and  at  least  three,  and  not 
more  than  six  mouths  before  the  next  general  election  of  represent- 
atives, duly  publish  them  in  print  for  the  consideration  of  the  peo- 
ple ;  and  if  three-fourths  of  each  branch  of  the  Legislature  shall,  af- 
ter such  an  election  and  before  another,  ratify  the  said  amendments, 
they  shall  be  valid  to  all  intents  and  purposes  as  parts  of  this  Con- 
stitution. No  convention  shall  be  called  but  by  the  authority  of  the 
people :  and  an  unexceptionable  mode  of  making  their  sense  known 
will  be  for  them  at  a  [special  election  on  the  third  Tuesday  of  May 
in  any  year]  to  vote  by  ballot  for  or  against  a  convention,  as  they 
shall  severally  choose  to  do ;  and  if  thereupon  it  shall  appear  that  a 
majority  of  all  the  citizens  in  the  State,  having  right  to  vote  for  rep- 
resentatives, have  voted  for  a  convention,  the  General  Assembly  shall 
accordingly  at  their  next  session  call  a  convention,  to  consist  of  at 
least  as  many  members  as  there  ar^  in  both  houses  of  the  Legisla- 
ture, to  be  chosen  in  the  same  manner,  at  the  same  places,  and  at 
the  same  time  that  representatives  are  by  the  citizens  entitled  to 
vote  for  representatives,  on  due  notice  given  for  one  month,  and  to 
meet  within  three  months  after  they  shall  be  elected.  [The  major- 
ity of  all  the  citizens  in  the  State  having  right  to  vote  for  represent- 
atives shall  be  ascertained  by  reference  to  the  highest  number  of 
votes  cast  in  the  State  at  any  one  of  the  three  general  elections, 
next  preceding  the  day  of  voting  for  a  convention,  except  when  they 
may  be  less  than  the  whole  number  of  votes  voted  both  for  and 
against  a  convention,  in  which  case  the  said  majority  shall  be  ascer- 
tained by  reference  to  the  number  of  votes  given  on  the  day  of  vot- 
ing for  or  against  a  convention ;  and  whenever  the  General  Assem- 
bly shall  deem  a  convention  necessary,  they  shall  provide  by  law  for 
the  holding  of  a  special  election  for  the  purpose  of  ascertaining  the 
sense  of  the  majority  of  the  citizens  of  the  State  entitled  to  vote  for 
representatives.] 

SCHEDULE. 

That  no  inconveniences  may  arise  from  the  amendments  of  the 
Constitution  of  this  State,  and  in  order  to  carry  the  same  into  com- 
plete operation,  it  is  hereby  declared  and  ordained  as  follows  : — 

Sec.  1.  The  offices  of  the  present  Senate. and  Representatives 
shall  not  be  vacated  by  any  amendment  of  the  Constitution  made 
in  this  Convention,  nor  otherwise  affected,  except  that  the  terms  of 
the  representatives  and  the  terms  of  the  senators  which  will  ex- 
pire on  the  first  Tuesday  of  October,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-two,  are  hereby  extended  to  the 
second  Tuesday  of  November,  in  that  year :  and  the  terms  of  the 


DELAWARE.  217 


senators  which  will  expire  on  the  first  Tuesday  of  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three,  are 
hereby  extended  to  the  second  Tuesday  of  November,  in  that  year : 
And  the  terms  of  the  Senators  which  will  expire  on  the  first  Tues- 
day of  October,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-four,  are  hereby  extended  to  the  second  Tuesday 
of  November,  in  that  year. 

The  General  Assembly  shall  meet  on  the  first  Tuesday  of  Janu- 
ary next,  and  shall  not  be  within  the  amended  provision  respecting 
biennial  sessions,  which  biennial  sessions  shall  commence  with  the  ses- 
sion of  the  General  Assembly  on  the  first  Tuesday  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three. 

2.  The  ofl&ces  of  the  present  sheriffs  and  coroners  shall  not  be  vaca- 
ted by  any  amendment  to  the  Constitution,  made  in  this  Convention, 
nor  otherwise  affected,  except  that  the  term  of  office  of  the  sheriff  of  Sus- 
sex county  is  hereby  extended  to  the  second  Tuesday  of  November,  in 
the  j'-ear  of  our  Lord  one  thousand  eight  hundred  and  thirty-two,  and 
until  a  successor  be  duly  qualified  :  and  on  the  second  Tuesday  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
two,  shall  be  the  first  election  for  sheriff  in  Sussex  county  under  this 
amended  Constitution.  And  the  term  of  the  present  coroner  for 
Sussex  county  is  hereby  extended  to  the  second  Tuesday  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-four,  and  until  a  successor  shall  be  duly  qualified  ;  and  on  the 
said  last  mentioned  day  shall  be  the  first  election  for  coroner  in 
Sussex  county  under  this  amended  Constitution. 

The  terms  of  the  present  sheriffs  and  coroners  for  Kent  county 
and  New  Castle  county  are  hereby  extended  to  the  second  Tuesday 
of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-three,  and  until  successors  to  them  respectively  be  duly 
qualified  ;  and  on  or  after  the  first  Tuesday  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three,  the* 
Governor  shall  have  power  to  appoint  a  sheriff  and  a  coroner  for 
New  Castle  county,  and  a  sheriff  and  coroner  for  Kent  county,  to 
continue  in  office  until  the  second  Tuesday  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-four,  and 
until  successors  to  them  respectively  be  duly  qualified.  And  on 
the  said  last  mentioned  day  shall  be  the  first  election  for  sheriff  and 
for  coroner  in  New  Cfistle  county  and  in  Kent  county  under  this 
amended  Constitution,  unless  a  vacancy  happen  in  the  office  of 
sheriff  or  coroner  of  New  Castle  or  Kent  county,  or  of  coroner  for 
Sussex  county  before  the  second  Tuesday  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-two  ;  in  which 
case  an  election  shall  be  held  on  that  day  for  a  sheriff  or  a  coroner 
under  this  amended  Constitution,  in  place  of  the  sheriff  or  coroner 
whose  office  had  become  vacant. 

3.  The  first  election  for  representatives  under  this  amended  Con- 
stitution shall  be  held  on  the  second  Tuesday  of  November,  in  the 


218  CONSTITUTION   OF 


year  of  our  Lord  one  thousand  oiglit  hundred  and  tliirty-two ; 
which  shall  be  the  commencement  of  biennial  elections.  At  this 
election  one  senator  shall  be  chosen  in  each  county  for  four  years. 
Also  at  the  biennial  election  to  be  held  in  the  several  counties  on  the 
second  Tuesday  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-four,  two  senators  shall  be  chosen  in  each 
county  for  four  years  each.  But  as  the  term  of  one  senator  in  each 
county  will  expire  on  the  second  Tuesday  of  November,  in.  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-three,  when  no 
election  will  be  held  to  provide  for  this  special  case,  a  senator  shall 
be  chosen  in  each  county,  at  the  election  held  on  the  second  Tues- 
day of  November,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-two,  for  one  year,  to  succeed  the  senator  for  such 
county  whose  term  shall  expire  on  the  second  Tuesday  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  and  to  continue  in  of&ce  until  the.  second  Tuesday  in 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-four,  when  two .  senators  shall  be  chosen  in  each  county  as 
afore-provided. 

4.  The  term  of  office  of  the  present  Governor  shall  not  be  vaca- 
ted nor  extended  by  amendment  made  to  the  Constitution  in  this 
Convention  ;  but  the  said  office  shall  continue  during  the  original 
term  thereof,  but  the  ninth  and  fourteenth  sections  of  the  third  arti- 
cle of  this  Constitution  shall  be  immediately  in  force  as  amended. 
An  election  for  Grovernor  shall  be  held  on  the  second  Tuesday  of 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two. 

5.  This  Constitution  as  amended,  so  far  as  shall  concern  the  ju- 
dicial department,  shall  commence  and  be  in  operation  from  and 
after  the  third  Tuesday  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-two.     All  the  courts  of  justice 

'  now  existing  shall  continue  with  their  present  jurisdiction,  and  the 
Chancellor  and  judges  and  the  clerks  of  the  said  courts  shall  continue 
in  office  until  the  said  third  Tuesday  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-two ;  upon  which  day 
the  said  courts  shall  be  abolished,  and  the  offices  of  the  said  Chan- 
cellor, judges,  and  clerks  shall  expire.  All  writs  of  error  and  ap- 
peals and  proceedings  which,  on  the  third  Tuesday  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  Jiundred  and  thirty-two, 
shall  be  depending  in  the  high  Court  of  Errors  and  Appeals,  and 
all  the  books,  records,  and  papers  of  said  Court  shall  be  transferred 
to  the  Court  of  Errors  and  Appeals  established  by  this  amended 
Constitution  ;  and  the  said  writs  of  errors,  appeals,  and  proceedings 
shall  be  proceeded  in,  in  the  said  Court  of  Errors  and  Appeals,  to 
final  judgment,  decree,  or  other  determination. 

All  suits,  proceedings,  and  matters  which,  on  the  third  Tuesday 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-two,  shall  be  depending  in  the  Supreme  Court,  or  Court 


DELAWARE.  219 


of  Common  Pleas,  and  all  books,  records,  and  papers  of  tlie  said 
Courts,  shall  be  transferred  to  the  Superior  Court  established  by 
this  amended  Constitution,  and  the  said  suits,  proceedings,  and 
matters  shall  be  proceeded  in  to  final  judgment  or  determination  in 
the  said  Superior  Court.  All  indictments,  proceedings,  and  mat- 
ters which,  on  the  third  Tuesday  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-two,  shall  be  depending  in 
the  Court  of  General  Quarter  Sessions  of  the  Peace  and  Jail  De- 
livery, shall  be  transferred  to  and  proceeded  in  to  final  judgment 
and  determination  in  the  Court  of  General  Sessions  of  the  Peace 
and  Jail  Delivery,  established  by  this  amended  Constitution,  and 
all  books,  records,  and  papers  of  said  Court  of  General  Quarter  Ses- 
sions of  the  Peace  and  Jail  Delivery  shall  be  transferred  to  the 
said  Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery.  All 
suits,  proceedings,  and  matters  which  on  the  third  Tuesday  of  Jan- 
uary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty- two,  shall  be  depending  in  the  Court  of  Chancery  or  in  the 
Orphans'  Court,  and  all  records,  books,  and  papers  of  said  courts 
respectively,  shall  be  transferred  to  the  Court  of  Chancery  or  Or- 
phans' Court  respectively,  established  by  this  amended  Constitu- 
tion, and  the  said  suits,  proceedings,  and  matters  shall  proceed  in 
to  final  decree,  order,  or  other  determination. 

6.  The  register's  courts  and  justices  of  the  peace  shall  not  be  affect- 
ed by  any  amendments  of  the  Constitution  made  in  this  Convention  ; 
but  the  said  courts  and  the  terms  of  office  of  registers  and  justices 
of  the  peace  shall  remain  the  same  as  if  said  amendments  had  not 
been  made. 

7.  The  General  Assembly  shall  have  power  to  make  any  law  ne- 
cessary to  carry  into  effect  this  amended  Constitution. 

8.  The  provision  in  the  twentieth  section  of  the  sixth  article  of 
this  amended  Constitution  (being  the  thirtieth  section  of  the  sixth 
article  of  the  original  Constitution)  of  limitation  of  writs  of  error, 
shall  have  relation  to,  and  take  date  from,  the  twelfth  day  of  June, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
two,  the  date  of  said  original  Constitution. 

9.  The  Governor  shall  have  power  to  issue  writs  of  election  to 
supply  vacancies  in  either  house  of  the  General  Assembly  that  have 
happened  or  may  happen. 

10.  It  is  declared  that  nothing  in  this  amended  Constitution 
gives  a  writ  of  error  from  the  Court  of  Errors  and  Appeals  to  the 
Court  of  Oyer  and  Terminer,  or  Court  of  General  Sessions  of  the 
Peace  and  Jail  Delivery,  nor  an  appeal  from  the  Court  of  General 
Sessions  of  the  Peace  and  Jail  Delivery. 

The  acts  of  the  General  Assembly,  increasing  the  number  of  jus- 
tices of  the  peace,  shall  remain  in  force  until  repealed  by  the  Gene- 
ral Assembly ;  and  no  office  shall  be  vacated  by  the  amendment  to 
this  Constitution,  unless  the  same  be  expressly  vacated  thereby,  or 
the  vacating  the  same  is  necessary  to  give  effect  to  the  amendments. 


MARYLAND 


In  1632,  George  Calvert  TLord  Baltimore),  a  distinguished  Catholic,  ap- 
plied to  Charles  I.  for  a  territory  north  of  Virginia,  for  the  purpose  of  es- 
tablishing a  colony.  Before  the  grant  had  passed  the  royal  seal,  Lord  B. 
died.  About  two  months  afterwards,  the  territory  was  granted  to  Cecil  Cal- 
vert, oldest  son  of  Geo.,  now  Lord  B.  In  honor  of  Henrietta  Maria,*  it  was  call- 
ed Maryland.  Leonard  Calvert,  brother  of  Lord  B.,  was  appointed  first  Gov. 
He,  with  about  200  Catholic  emigrants,  came  over  in  1634,  and  located  them- 
selves at  St.  Mary's.  Many  circumstances  favored  the  settlement  and  in- 
crease of  Maryland.  The  soil  and  the  climate  were  inviting,  but  what  added 
more  to  its  growth,  was  that  equal  protection  was  granted  to  all  religious  de- 
nominations, and  the  people  were  permitted  to  make  their  own  laws.  The 
first  assembly  was  composed  of  all  the  freemen  in  the  colony.  In  1639,  there 
was  a  change — the  House  of  Assembly  was  made  up  of  representatives  chosen 
by  the  people.  In  1650,  there  was  another  change,  and  a  Constitution  adopt- 
ed, by  which  the  Legislature  was  divided  into  two  houses,  one  to  be  composed 
of  representatives  chosen  by  the  people ;  the  other  of  persons  appointed  by 
the  proprietors.  But  there  was  no  permanent  government,  as  changes  were 
continually  taking  place,  until  the  beginning  of  the  Revolution,  when  the 
authority  fell  in  the  hands  of  the  people.  In  1776,  they  adopted  their  second 
Constitution,  and  their  present  Constitution  in  1851.  Maryland,  from  the  first, 
was  active  in  resisting  British  oppression,  and  bore  her  full  share  in  the  hardships 
of  the  Revolutionary  War. 

Area,  13,959.     Pop.,  1850,  583,035. 

*  Queen  of  Charles  L 


MARYLAND.  221 


ADOPTED  IN  CONVENTION,  WHICH  ASSEMBLED  AT  THE  CITY  OF  ANNAP- 
OLIS ON  THE  FOURTH  DAY  OF  NOVEMBER,  EIGHTEEN  HUNDRED  AND 
FIFTY,  AND  ADJOURNED  ON  THE  THIRTEENTH  DAY  OF  MAY,  EIGH- 
TEEN   HUNDRED    AND    FIFTY-ONE. 


THE  DECLARATION  OF  RIGHTS. 

We,  the  People  of  the  State  of  Maryland,  grateful  to  Alrrpighty  God 
for  our  civil  and  religious  liberty,  and  talcing  into  our  serious  con- 
sideration the  best  means  of  establishing  a  good  Constitution  in  this 
State,  for  the  sure  foundation  and  more  permanent  security  thereof 
declare : 

Art.  1.  That  all  government  of  right  originates  from  the  people, 
is  founded  in  compact  only,  and  instituted  solely  for  the  good  of 
the  whole;  and  they  have  at  all  times,  according  to  the  mode  pre- 
scribed in  this  Constitution,  the  unalienable  right  to  alter,  reform,  or 
abolish  their  form  of  government,  in  such  manner  as  they  may  deem 
expedient. 

2.  That  the  people  of  this  State  ought  to  have  the  sole  and  ex- 
clusive right  of  regulating  the  internal  government  and  police 
thereof. 

3.  That  the  inhabitants  of  Maryland  are  entitled  to  the  common 
law  of  England,  and  the  trial  by  jury  according  to  the  course  of 
that  law,  and  to  the  benefit  of  such  of  the  English  statutes  as 
existed  on  the  fourth  day  of  July,  seventeen  hundred  and  seventy- 
six,  and  which,  by  experience,  have  been  found  applicable  to  their 
local  and  other  circumstances,  and  have  been  introduced,  used  and 
practised  by  the  courts  of  law  or  equity,  and  also  of  all  acts  of 
Assembly  in  force  on  the  first  Monday  of  November,  eighteen 
hundred  and  fifty,  except  such  as  may  have  since  expired,  or  may  be, 
altered  by  this  Constitution,  subject,  nevertheless,  to  the  revision  of, 
and  amendment  or  repeal  by  the  Legislature  of  this  State ;  and  the 
inhabitants  of  Maryland  are  also  entitled  to  all  property  derived  to 
them  from  or  undei"  the  charter  granted  by  his  Majesty  Charles  the 
First,  to  Csecilius  Calvert,  Baron  of  Baltimore. 

4.  That  all  persons  invested  with  the  legislative  or  executive 
powers  of  government  are  the  trustees  of  the  public,  and  as  such 
accountable  for  their  conduct;  wherefore,  whenever  the  ends  of 
government  are  perverted,  and  public  liberty  manifestly  endangered, 
and  all  other  means  of  redress  are  ineffectual,  the  people  may,  and 
of  right  ought  to  reform  the  old  or  establish  a  new  government. 
The  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
sion is  absurd,  slavish  and  destructive  of  the  good  and  happiness  of 
mankind. 


222  CONSTITUTION    OF 


5.  That  the  right  of  the  people  to  participate  in  the  Legislature  is 
the  best  security  of  liberty,  and  the  foundation  of  all  free  govern- 
ment ;  for  this  purpose  elections  ought  to  be  free  and  frequent,  and 
every  free  white  male  citizen  having  the  qualifications  prescribed  by 
the  Constitution,  ought  to  have  the  right  of  suffrage. 

6.  That  the  legislative,  executive  and  judicial  powers  of  govern- 
ment ought  to  be  forever  separate  and  distinct  from  each  other ;  and 
no  person  exercising  the  functions  of  one  of  said  departments,  shall 
assume  or  discharge  the  duties  of  any  other. 

7.  That  no  power  of  suspending  laws,  or  the  execution  of  laws, 
unless  by  or  derived  from  the  Legislature,  ought  to  be  exercised  or 
allowed. 

8.  That  freedom  of  speech  and  debate  or  proceedings  in  the 
Legislature,  ought  not  to  be  impeached  in  any  court  of  judica- 
ture. 

9.  That  Annapolis  be  the  place  for  the  meeting  of  the  Legisla- 
ture ;  and  the  Legislature  ought  not  to  be  convened  or  held  at  any 
other  place  but  from  evident  necessity. 

10.  That  for  the  redress  of  grievances,  and  for  amending,  strength- 
ening and  preserving  the  laws,  the  Legislature  ought  to  be  frequently 
convened. 

IL  That  every  man  hath  a  right  to  petition  the  Legislature  for 
the  redress  of  grievances  in  a  peaceable  and  orderly  manner. 

12.  That  no  aid,  charge,  tax,  burthen,  or  fees,  ought  to  be  rated 
or  levied,  under  any  pretence,  without  the  consent  of  the  Legis- 
lature. 

13.  That  the  levying  of  taxes  by  the  poll  is  grievous  and  oppres- 
sive, and  ought  to  be  abolished ;  that  paupers  ought  not  to  be 
assessed  for  the  support  of  government,  but  every  other  person  in 
the  State,  or  person  holding  property  therein,  ought  to  contribute  his 
proportion  of  public  taxes,  for  the  support  of  government,  according 
to  his  actual  worth  in  real  or  personal  property  ;  yet  fines,  duties, 
or  taxes  may  properly  and  justly  be  imposed  or  laid,  on  persons  or 
property,  with  a  political  view,  for  the  good  government  and  benefit 
of  the  community. 

14.  That  sanguinary  laws  ought  to  be  avoided  as  far  as  is  con- 
sistent with  the  safety  of  the  State  ;  and  no  law  to  inflict  cruel  and 
unusual  pains  and  penalties  ought  to  be  made  in  any  case,  or  at  any 
time  hereafter. 

15.  That  retrospective  laws,  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  criminal,  are 
oppressive,  unjust  and  incompatible  with  liberty  ;  wherefore,  no  ex 
post  facto  law  ought  to  be  made. 

16.  That  no  law  to  attaint  particular  persons  of  treason  or  felony, 
ought  to  be  made  in  any  case,  or  at  any  time  hereafter. 

17.  That  every  free  man,  for  any  injury  done  to  him  in  his  per- 
son or  property,  ought  to  have  remedy  by  the  course  of  the  law  of 
the  land,  and  ought  to  have  justice  and  right,  freely  without  sale, 


MARYLAND.  223 


fully  without  any  denial,  and  speedily  without  delay,  according  to 
the  law  of  the  land. 

18.  That  the  trial  of  facts  where  they  arise,  is  one  of  the  greatest 
securities  of  the  lives,  liberties,  and  estate  of  the  jteople. 

19.  That  in  all  criminal  prosecutions,  every  man  hath  a  right  to 
be  informed  of  the  accusation  against  him  ;  to  have  a  copy  of  the 
indictment  or  charge,  in  due  time  (if  required)  to  prepare  for  his 
defence ;  to  be  allowed  counsel ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  process  for  his  witnesses  ;  to  examine  the  wit- 
nesses for  and  against  him  on  oath ;  and  to  a  speedy  trial  by  an 
impartial  jury,  without  whose  unanimous  consent  he  ought  not  to  be 
found  guilty. 

20.  That  no  man  ought  to  be  compelled  to  give  evidence  against 
hirnself  in  a  court  of  common  law,  or  in  any  other  court,  but  in 
such  cases  as  have  been  usually  practised  in  this  State,  or  may  here- 
after be  directed  by  the  Legislature. 

21.  That  no  free  man  ought  to  be  taken  or  imprisoned,  or  dis- 
seized of  his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled, 
or  in  any  manner  destroyed,  or  deprived  of  his  life,  liberty  or  pro- 
perty, but  by  the  judgment  of  his  peers,  or  by  the  law  of  the  land ; 
provided,  that  nothing  in  this  article  shall  be  so  construed  as  to  pre- 
vent the  Legislature  from  passing  all  such  laws  foi*  the  government, 
regulation  and  disposition  of  the  free  colored  population  of  this  State 
as  they  may  deem  necessary. 

22.  That  excessive  bail  ought  not  to  be  required,  nor  excessive 
fines  imposed,  nor  cruel  or  unusual  punishment  inflicted  by  the  courts 
of  law. 

23.  That  all  warrants,  without  oath,  or  affirmation,  to  search  sus- 
pected places,  or  to  seize  any  person  or  property,  are  ^  grievous  and 
oppressive ;  and  all  general  warrants  to  search  suspected  places,  or 
to  apprehend  suspected  persons,  without  naming  or  describing  the 
place,  or  the  person  in  special,  are  illegal,  and  ought  not  to  be 
granted. 

24.  That  no  conviction  shall  work  corruption  of  blood,  or  for- 
feiture of  estate. 

25.  That  a  well  regulated  militia  is  the  proper  and  natural  defence 
of  a  free  government. 

26.  That  standing  armies  are  dangerous  to  liberty,  and  ought  not 
to  be  raised  or  kept  up  without  consent  of  the  Legislature. 

27.  That  in  all  cases  and  at  all  times  the  military  ought  to  be 
under  strict  subordination  to,  and  control  of,  the  civil  power. 

28.  That  no  soldier  ought  to  be  quartered  in  any  house  in  time  of 
peace  without  the  consent  of  the  owner,  and  in  time  of  war  in  such 
manner  only  as  the  Legislature  shall  direct. 

29.  That  no  person,  except  regular  soldiers,  mariners,  and  ma- 
rines, in  the  service  of  this^  State,  or  militia  when  in  actual  service, 
ought  in  any  case  to  be  subject  to,  or  punishable  by,  martial  law. 

30.  That  the  independency  and  uprightness  of  judges  are  essential 


224:  CONSTITUTION    OF 


to  the  impartial  administration  of  justice,  and  a  great  security  to  the 
rights  and  liberties  of  the  people ;  wherefore  the  judges  shall  not  be 
removed,  except  for  misbehaviour,  on  conviction  in  a  court  of  law, 
or  by  the  governor,  upon  the  address  of  the  General  Assembly; 
provided,  that  two-thirds  of  all  the  members  of  each  house  concur 
in  such  address.  No  judge  shall  hold  any  other  office,  civil  or 
military,  or  political  trust  or  employment  of  any  kind  whatsoever, 
under  the  constitution  or  laws  of  this  State,  or  of  the  United  States, 
or  any  of  them,  or  receive  fees  or  perquisites  of  any  kind  for  the 
discharge  of  his  official  duties. 

31.  That  a  long  continuance  in  the  executive  departments  of 
power  or  trust  is  dangerous  to  liberty ;  a  rotation,  therefore,  in 
those  departments  is  one  of  the  best  securities  of  permanent  free- 
dom. 

32.  That  no  person  ought  to  hold  at  the  same  time  more  than 
one  office  of  profit,  created  by  the  constitution  or  laws  of  this  State ; 
nor  ought  any  person  in  public  trust  to  receive  any  present  from  any 
foreign  prince,  or  State,  or  from  the  United  States,  or  any  of  them, 
without  the  approbation  of  this  State. 

33.  That  as  it  is  the  duty  of  every  man  to  worship  God  in  such 
manner  as  he  thinks  most  acceptable  to  Him,  all  persons  are  equally 
entitled  to  protection  in  their  religious  liberty ;  wherefore,  no  person 
ought,  by  any  law,  to  be  molested  in  his  person  or  estate,  on 
account  of  his  religious  persuasion  or  profession,  or  for  his  religious 
practice,  unless  under  color  of  religion  any  man  shall  disturb  the 
good  order,  peace,  or  safety  of  the  State,  or  shall  infringe  the  laws 
of  morality,  or  injure  others  in  their  natural,  civil,  or  religious 
rights ;  nor  ought  any  person  to  be  compelled  to  frequent  or  main- 
tain or  contribute,  unless  on  contract,  to  maintain  any  place  of  w^or- 
ship  or  any  ministry  ;  nor  shall  any  person  be  deemed  incompetent 
as  a  witness  or  juror  who  believes  in  the  existence  of  a  God,  and 
that  under  his  dispensation  such  person  will  be  held  morally  account- 
able for  his  acts,  and  be  rewarded  or  punished  therefor,  either  in  this 
world  or  the  world  to  come. 

34.  That  no  other  test  or  qualification  ought  to  be  required,  on 
admission  to  any  office  of  trust  or  profit,  than  such  oath  of  office  as 
may  be  prescribed  by  this  Constitution,  or  by  the  laws  of  the  State, 
and  a  declaration  of  belief  in  the  Christian  religion ;  and  if  the 
party  shall  profess  to  be  a  Jew,  the  declaration  shall  be  of  his  belief 
in  a  future  state  of  rewards  and  punishments. 

35.  That  every  gift,  sale  or  devise  of  land,  to  any  minister,  public 
teacher  or  preacher  of  the  gospel,  as  such,  or  to  any  religious  sect, 
order  or  denomination,  or  to  or  for  the  support,  use  or  benefit  of,  or 
in  trust  for  any  minister,  public  teacher,  or  preacher  of  the  gospel, 
as  such,  or  any  religious  sect,  order  or  denomination,  and  every  gifl 
or  sale  of  goods  or  chattels  to  go  in  succession,  or  to  take  place 
afler  the  death  of  the  seller  or  donor,  to  or  for  such  support,  use  or 
benefit  j   and,  also,  every  devise  of  goods  or  chattels,  to  or  for  the 


MARYLAND.  226 


support,  use  or  benefit  of  any  minister,  public  teacher  or  preacher  of 
the  gospel,  as  such ;  or  any  religious  sect,  order  or  denomination, 
without  the  leave  of  the  Legislature,  shall  be  void ;  except  always, 
any  sale,  gift,  lease  or  devise  of  any  quantity  of  land,  not  exceeding 
five  acres,  for  a  church,  meeting  house  or  other  house  of  worship, 
or  parsonage,  or  for  a  burying  ground,  which  shall  be  improved, 
enjoyed  or  used  only  for  such  purpose ;  or  such  sale,  gift,  lease  or 
devise  shall  be  void. 

36.  That  the  manner  of  administering  an  oath  or  affirmation  to 
any  person,  ought  to  be  such  as  those  of  the  religious  persuasion, 
profession  or  denomination  of  which  he  is  a  member,  generally 
esteem  the  most  effectual  confirmation  by  the  attestation  of  the 
Divine  Being. 

37.  That  the  city  of  Annapolis  ought  to  have  all  its  rights,  priv- 
ileges and  benefits,  agreeably  to  its  charter,  and  the  acts  of  As- 
sembly confirming  and  regulating  the  same ;  subject  to  such  altera- 
tions as  have  been  or  as  may  be  made  by  the  Legislature. 

38.  That  the  liberty  of  the  press  ought  to  be  inviolably  preserved. 

39.  That  monbpolies  are  odious,  contrary  to  the  spirit  of  a  free 
government  and  the  principles  of  commerce,  and  ought  not  to  be 
suffered. 

40.  That  no  title  of  nobility  or  hereditary  honors  ought  to  be 
granted  in  this  State. 

4L  That  the  Legislature  ought  to  encourage  the  diffusion  of 
knowledge  and  virtue,  the  promotion  of  literature,  the  arts,  sciences, 
agriculture,  commerce  and  manufactures,  and  the  general  meliora- 
tion of  the  condition  of  the  people. 

42.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people. 

43.  That  this  Constitution  shall  not  be  altered,  changed  or  abo- 
lished, except  in  the  manner  therein  prescribed  and  directed. 


CONSTITUTION. 

ARTICLE.  \,— Elective  Franchise. 

Sec.  1.  Every  free  white  male  person,  of  twenty-one  years  of 
age  or  upwards,  who  shall  have  been  one  year  next  preceding  the 
election  a  resident  of  the  State,  and  for  six  months  a  resident  of 
the  city  of  Baltimore,  or  of  any  county  in  which  he  may  offer  to 
vote,  and  being  at  the  time  of  the  election  a  citizen  of  the  United 
States,  shall  be  entitled  to  vote  in  the  M'ard  or  election  district  in 
which  he  resides,  in  all  elections  hereafter  to  be  held ;  and  at  all 
such  elections  the  vote  shall  be  taken  by  ballot.  And  in  case  any 
county  or  city  shall  be  so  divided  as  to  form  portions  of  different 
electoral  districts  for  the  election  of  Congressmen,  Senator,  delegate, 
16 


226  CONSTITUTION    OF 


or  other  officer  or  officers,  then  to  entitle  a  person  to  vote  for  such 
officer,  he  must  have  been  a  resident  of  that  part  of  the  county  or 
city  which  shall  form  a  part  of  the  electoral  district  in  which  he 
offers  to  vote,  for  six  months  next  preceding  the  election ;  but  a 
person  who  shall  have  acquired  a  residence  in  such  county  or  city 
entitling  him  to  vote  at  any  such  election,  shall  be  entitled  to  vote 
in  the  election  district  from  which  he  removed,  until  he  shall  have 
acquired  a  residence  in  the  part  of  the  county  or  city  to  which  he  has 
removed. 

2.  That  if  any  person  shall  give,  or  offer  to  give,  directly  or  in- 
directly, any  bribe,  present  or  reward,  or  any  promise,  or  any 
security  for  the  payment  or  delivery  of  money  or  any  other  thing, 
to  induce  any  voter  to  refrain  from  casting  his  vote,  or  forcibly  to 
prevent  him  in  any  way  from  voting,  or  to  obtain  or  procure  a  vote 
for  any  candidate  or  person  proposed  or  voted  for,  as  elector  of 
President  and  Vice-President  of  the  United  States,  or  Representative 
in  Congress,  or  for  any  office  of  profit  or  trust  created  by  the  Con- 
stitution or  laws  of  this  State,  or  by  the  ordinances  or  authority  of 
the  Mayor  and  City  Council  of  Baltimore,  the  person  giving  or 
offering  to  give,  and  the  person  receiving  the  same,  and  any  person 
who  gives  or  causes  to  be  given  an  illegal  vote,  knowing  it  to  be  so, 
at  any  election  to  be  hereafter  held  in  this  State,  shall,  on  conviction 
in  a  court  of  law,  in  addition  to  the  penalties  now  or  hereafter  to  be 
imposed  by  law,  be  forever  disqualified  to  hold  any  office  of  profit 
or  trust,  or  to  vote  at  any  election  thereafter.  '       * 

3.  It  shall  be  the  duty  of  the  General  Assembly  of  Maryland  to 
pass  laws  to  punish  with  fine  and  imprisonment  any  person  who 
shall  remove  into  any  election  district  or  ward  of  the  city  of  Bal- 
timore, not  for  the  purpose  of  acquiring  a  bona  fide  residence  therein, 
but  for  the  purpose  of  voting  therein  at  an  approaching  election,  or 
who  shall  vote  in  any  election  district  or  ward  in  which  he  does  not 
reside  (except  in  the  case  provided  for  in  the  first  article  of  the  Con- 
stitution), or  shall,  at  the  same  election,  vote  in  more  than  one  elec- 
tion district  or  ward,  or  shall  vote  or  offer  to  vote,  in  any  name  not 
his  own,  or  in  place  of  any  other  person  of  the  same  name,  or  shall 
vote  in  any  county  in  which  he  does  not  reside. 

4.  Every  person  elected  or  appointed  to  any  office  of  profit  or 
trust  under  the  Constitution  or  laws  made  pursuant  thereto,  before 
he  shall  enter  upon  the  duties  of  such  office,  shall  take  and  sub- 
scribe the  following  oath  or  affirmation :  I-,  A.  B.,  do  swear  (or 
affirm,  as  the  case  may  be),  that  I  will  support  the  constitution  of 
the  United  States,  and  that  I  will  be  faithful  and  bear  true  allegiance 
to  the  State  of  Maryland,  and  support  the  Constitution  and  laws 
thereof;  that  I  will  to  the  best  of  my  skill  and  judgment  diligently 
and  faithfully,  without  partiality  or  prejudice,  execute  the  office  of 

according  to  the  Constitution  and  laws  of  this  State,  and 

that  since  the  adoption  of  the  present  Constitution,  I  have  not,  in 
any  manner,  violated  the  provisions  thereof  in  relation  to  bribery 


MARYLAND.  227 


of  voters  or  preventing  legal  or  procuring  illegal  votes  to  be  given ; 
(and  if  a  Governor,  Senator,  member  of  the  House  of  Delegates, 
or  Judge),  "  that  I  will  not  directly  or  indirectly  receive  the  profits 
or  any  part  of  the  profits  of  any  other  office  during  the  time  of  my 

acting  as = — ."     And  if  any  person  elected  or  appointed  to  office 

as  aforesaid,  shall  refuse  or  neglect  to  take  the  said  oath  or  affirma- 
tion, he  shall  be  considered  as  having  refused  to  accept  the  said 
office,  and  a  new  election  or  appointment  shall  be  made  as  in  case  of 
refusal  or  resignation,  and  any  person  swearing  or  affirming  falsely 
in  the  premises,  shall,  on  conviction  thereof  in  a  court  of  law,  incur 
the  penalties  for  wilful  and  corrupt  perjury,  and  be  thereafler  in- 
capable of  voting  at  any  election,  and  also  incapable  of  holding  any 
office  of  profit  or  trust  in  this  State. 

5.  That  no  person  above  the  age  of  twenty-one  years,  convicted 
of  larceny  or  other  infamous  crime,  unless  he  shall  be  pardoned  by 
the  Executive,  shall  ever  thereafter  be  entitled  to  vote  at  any  elec- 
tion in  this  State,  and  no  person  under  guardianship  as  a  lunatic,  or 
as  a  person  non  compos  mentis,  shall  be  entitled  to  vote. 

ARTICLE  II. — Executive  Department. 

Sec.  1. — The  Executive  power  of  the  State  shall  be  vested  in  a 
Governor,  whose  term  of  office  shall  commence  on  the  second  Wed- 
nesday of  January  next  ensuing  his  election,  and  continue  for  four 
years,  and  until  his  successor  shall  have  qualified. 

2.  The  first  election  for  Governor  under  this  Constitution  shall  be 
held  on  the  first  Wednesday  of  November,  in  the  year  eighteen 
hundred  and  fifty-three,  and  on  the  same  day  and  month  in  every 
fourth  year  thereafter,  at  the  places  of  voting  for  delegates  to  the 
General  Assembly,  and  every  person  qualified  to  vote  for  delegates 
shall  be  qualified  and  entitled  to  vote  for  Governor ;  the  election  to 
be  held  in  the  same  manner  as  the  election  of  delegates,  and  the 
returns  thereof,  under  seal,  to  be  addressed  to  the  Speaker  of  the 
House  of  Delegates,  and  enclosed  and  transmitted  to  the  Secretary 
of  State,  and  delivered  to  the  said  Speaker  at  the  commencement  of 
the  session  of  the  Legislature  next  ensuing  said  election. 

3.  The  Speaker  of  the  House  of  Delegates  shall  then  open  the 
said  returns  in  the  presence  of  both  Houses,  and  the  person  having 
the  highest  number  of  votes,  and  being  constitutionally  eligible,  shall 
be  the  Governor,  and  shall  qualify  in  the  manner  herein  prescribed, 
on  the  second  Wednesday  of  January  next  ensuing  his  election,  or 
as  soon  thereafter  as  may  be  practicable. 

4.  If  two  or  more  persons  shall  have  the  highest  and  an  equal 
number  of  votes,  one  of  them  shall  be  chosen  Governor  by  the 
Senate  and  House  of  Delegates ;  and  all  questions  in  relation  to  the 
eligibility  of  Governor,  and  to  the  returns  of  said  election,  and  to 
the  number  and  legality  of  votes  therein  given,  shall  be  determined 
by  the  House  of  Delegates.  And  if  the  person  or  persons  having 
the  highest  number  of  votes  be  ineligible,  the  Governor  shall   be 


228  CONSTITUTION    OF 


chosen  by  the  Senate  and  House  of  Delegates.  Every  election  of 
Governor,  by  the  Legislature,  shall  be  determined  by  a  joint  ma- 
jority of  the  Senate  and  House  of  Delegates,  and  the  vote  shall  be 
taken  viva  voce.  But  if  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes,  then  a  second  vote  shall  be  taken, 
which  shall  be  confined  to  the  persons  having  an  equal  number ;  and 
if  the  votes  should  again  be  equal,  then  the  election  of  Governor 
shall  be  determined  by  lot  between  those  who  shall  have  the  highest 
and  an  equal  number  on  the  first  vote. 

5.  The  State  shall  be  divided  into  three  districts — St.  Mary's, 
Charles,  Calvert,  Prince  George's,  Anne  Arundel,  Montgomery,  and 
Howard  counties,  and  the  city  of  Baltimore  to  be  the  first ;  the 
eight  counties  of  the  Eastern  shore  to  be  the  second ;  and  Baltimore, 
Harford,  Frederick,  Washington,  Allegany,  and  Carroll  counties,  to 
be  the  third.  The  Governor,  elected  from  the  third  district  in 
October  last,  shall  continue  in  office  during  the  term  for  which  he 
was  elected.  The  Governor  shall  be  taken  from  the  first  district,  at 
the  first  election  of  Governor  under  this  Constitution;  from  the 
second  district  at  the  second  election,  and  from  the  third  district  at 
the  third  election,  and  in  like  manner,  afterwards,  from  each  district, 
in  regular  succession. 

6.  A  person  to  be  eligible  to  the  office  of  Governor,  must  have 
attained  the  age  of  thirty  years,  and  been  for  five  years  a  citizen  of 
the  United  States,  and  for  five  years  next  preceding  his  election  a 
resident  of  the  State,  and  for  three  years  a  resident  of  the  district 
from  which  he  was  elected. 

7.  In  case  of  the  death  or  resignation  of  the  Governor,  or  of  his 
removal  from  the  State,  the  General  Assembly,  if  in  session,  or  if 
not,  at  their,  next  session,  shall  elect  some  other  qualified  resident 
of  the  same  district,  to  be  the  Governor  for  the  residue  of  the  term 
for  which  the  said  Governor  had  been  elected. 

8.  In  case  of  any  vacancy  in  the  office  of  Governor  during  the 
recess  of  the  Legislature,  the  President  of  the  Senate  shall  discharge 
the  duties  of  said  office  till  a  Governor  is  elected  as  herein  pro- 
vided for ;  and  in  case  of  the  death  or  resignation  of  said  President, 
or  of  his  removal  from  the  State,  or  of  his  refusal  to  serve,  then  the 
duties  of  said  office  shall,  in  like  manner,  and  for  the  same  interval, 
devolve  upon  the  Speaker  of  the  House  of  Delegates,  and  the  Legis- 
lature may  provide  by  law  for  the  case  of  impeachment  or  iiiability 
of  the  Governor,  and  declare  what  person  shall  perform  the  executive 
duties  during  such  impeachment  or  inability ;  and  for  any  vacancy 
in  said  office,  not  herein  provided  for,  provision  may  be  made  by 
law,  and  if  such  vacancy  should  occur  without  such  provision  being 
made,  the  Legislature  shall  be  convened  by  the  Secretary  of  State 
for  the  purpose  of  filling  said  vacancy. 

9.  The  Governor  shall  be  commander-in-chief  of  the  land  and 
naval  forces  of  the  State,  and  may  call  out  the  militia  to  repel 
invasions,  suppress  insurrections,  and  enforce  the  execution  of  the 


MARYLAND.  229 


laws ;  but  shall  not  take  the  command  in  person  without  the  consent 
of  the  Legislature. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  He  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  all  civil  and  military  officers  of  the  State, 
whose  appointment  or  election  is  not  otherwise  herein  provided  for, 
unless  a  different  mode  of  appointment  be  prescribed  by  the  law 
creating  the  office. 

12.  In  case  of  any  vacancy  during  the  recess  of  the  Senate,  in 
any  office  which  the  Governor  has  power  to  fill,  he  shall  appoint 
some  suitable  person  to  said  office,  whose  commission  shall  continue 
in  force  till  the  end  of  the  next  session  of  the  Legislature,  or  till 
some  other  person  is  appointed  to  the  same  office,  whichever  shall 
first  occur,  and  the  nomination  of  the  person  thus  appointed  during 
the  recess,  or  of  some  other  person  in  his  place,  shall  be  made  to  the 
Senate  within  thirty  days  after  the  next  meeting  of  the  Legislature. 

13.  No  person,  after  being  rejected  by  the  Senate,  shall  be  again 
nominated  for  the  same  office  at  the  same  session,  unless  at  the 
request  of  the  Senate ;  or  be  appointed  to  the  same  office  during 
the  recess  of  the  Legislature. 

14.  All  civil  officers  appointed  by  the  Governor  and  Senate  shall 
be  nominated  to  the  Senate  within  fifty  days  from  the  commence- 
ment of  each  regular  session  of  the  Legislature  ;  and  their  term  of 
office  shall  commence  on  the  first  Monday  of  May  next  ensuing  their 
appointment,  and  continue  for  two  years  (unless  sooner  removed 
from  office)  and  until  their  successors,  respectively,  qualify  according 
to  law. 

15.  The  Governor  may  suspend  or  arrest  any  military  officer  of 
the  State,  for  disobedience  of  orders,  or  other  military  oflTence,  and 
may  remove  him  in  pursuance  of  the  sentence  of  a  court-martial ; 
and  may  remove  for  incompetency  or  misconduct,  all  civil  officers 
who  receive  appointments  from  the  executive  for  a  term  not  exceed- 
ing two  years. 

16.  The  Governor  may  convene  the  Legislature,  or  the  Senate 
alone,  on  extraordinary  occasions ;  and  whenever,  from  the  presence 
of  an  enemy  or  from  any  other  cause,  the  seat  of  government  shall 
become  an  unsafe  place  for  the  meeting  of  the  Legislature,  he  may 
direct  their  sessions  to  be  held  at  some  other  convenient  place. 

17.  It  shall  be  the  duty  of  the  Governor  semi-annually,  and 
oftener  if  he  deem  it  expedient,  to  examine  the  bank-book,  account 
books,  and  official  proceedings  of  the  Treasurer  and  Comptroller  of 
the  State. 

18.  He  shall,  from  time  to  time,  inform  the  Legislature  of  the 
condition  of  the  State,  and  recommend  to  their  consideration  such 
measures  as  he  may  judge  necessary  and  expedient. 

19.  He  shall  have  power  to  grant  reprieves  and  pardons,  except 
in  cases  of  impeachment,  and  in  cases  in  which  he  is  prohibited  by 


other  articles  of  this  Constitution,  and  to  remit  fines  and  forfeitures 


230  CONSTITUTION    OF 


for  offences  against  the  State ;  but  shall  not  remit  the  principal  or 
interest  of  any  debt  due  to  the  State,  except  in  cases  of  fines  and 
forfeitures ;  and  befbre  granting  a  nolle  prosequi,  or  pardon,  he  shall 
give  notice,  in  one  or  more  newspapers,  of  the  application  made  for 
it,  and  of  the  day  on  or  after  which  his  decision  will  be  given ;  and 
in  every  case  in  which  he  exercises  this  power,  he  shall  report  to 
either  branch  of  the  Legislature,  whenever  required,  the  petitions, 
recommendations  and  reasons  which  influence  his  decision. 

20.  The  Governor  shall  reside  at  the  seat  of  government,  and 
shall  receive  for  his  services  an  annual  salary  of  thirty-six  hundred 
dollarap- 

21.  When  the  public  interest  requires  it,  he  shall  have  power  to 
employ  counsel,  who  shall  be  entitled  to  such  compensation  as  the 
Legislature  may  allow  in  each  case  after  the  services  of  such  coun- 
sel shall  have  been  performed. 

22.  A  Secretary  of  State  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  who  shall  continue 
in  office,  unless  sooner  removed  by  the  Governor,  till  the  end  of  the 
official  term  of  the  Governor  from  whom  he  received  his  appoint- 
ment, and  shall  receive  an  annual  salary  of  one  thousand  dollars. 

23.  He  shall  carefully  keep  and  preserve  a  record  of  all  official 
acts  and  proceedings  (which  may,  at  all  times,  be  inspected  by  a 
committee  of  either  .branch  of  the  Legislature),  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  law,  or  as  may  properly 
belong  to  his  office. 

ARTICLE  III. — Legislative  Department. 

Sec.  1.  The  Legislature  shall  consist  of  two  distinct  branches,  a 
Senate  and  a  House  of  Delegates,  which  shall  be  styled  "  The 
General  Assembly  of  Maryland." 

2.  Every  county  of  the  State,  and  the  city  of  Baltimore,  shall  be 
entitled  to  elect  one  Senator,  who  shall  be  elected  by  the  qualified 
voters  of  the  counties  and  city  of  Baltimore,  respectively,  and  who 
shall  serve  for  four  years  from  the  day  of  their  election. 

3.  The  Legislature,  at  its  first  session  after  the  returns  of  the 
national  census  of  eighteen  hundred  and  sixty  are  published,  and  in 
like  maimer  after  each  subsequent  census,  shall  apportion  the  mem- 
bers of  the  House  of  Delegates  among  the  several  counties  of  the 
State,  according  to  the  population  -of  each,  and  shall  always  allow  to 
the  city  of  Baltimore  four  more  delegates  than  are  allowed  to  the 
most  populous  county,  but  no  county  shall  be  entitled  to  less  than 
two  members,  nor  shall  the  whole  number  of  delegates  ever  exceed 
eighty,  or  be  less  than  sixty-five ;  and  until  the  apportionment  is 
made  under  the  census  of  eighteen  hundred  and  sixty,  St.' Mary's 
county  shall  be  entitled  to  two  delegates;  Kent,  two  ;  Anne  Arun- 
del, three;  Calvert,  two;  Charles,  two;  Baltimore  county,  six; 
Talbot,  two ;  Somerset,  four ;  Dorchester,  three ;  Cecil,  three ; 
Prince   George's,   three ;    Queen  Anne's,   two ;    Worcester,   three ; 


MARYLAND.  231 


Frederick,  six ;  Harford,  three  ;  Caroline,  two ;  Baltimore  city,  ten ; 
Washington,  five;  Montgomery,  two  ;  Allegany,  four  ;  Carroll,  three  ; 
and  Howard,  two. 

4.  The  members  of  the  House  of  Delegates  shall  be  elected  by 
the  qualified  voters  of  the  counties  and  city  of -Baltimore  respec- 
tively, to  serve  for  two  years  from  the  day  of  their  election. 

5.  The  first  election  for  delegates  shall  take  place  on  the  first 
Wednesday  of  November,  eighteen  hundred  and  fifty-one ;  and  the 
elections  for  delegates,  and  for  one-half  of  the  senators,  as  nearly 
as  practicable,  shall  be  held  on  the  same  day  in  every  second  year 
thereafter,  but  an  election  for  senators  shall  be  held  in  the  year 
eighteen  hundred  and  fifty-one,  in  Howard  county,  and  all  those 
counties  in  which  senators  were  elected  in  the  year  eighteen  hundred 
and  forty-six. 

6.  Immediately  after  the  Senate  shall  have  convened  after  the  first 
election  under  this  Constitution,  the  senators  shall  be  divided  by  lot 
into  two  classes,  as  nearly  equal  in  number  as  may  be — the  senators 
of  the  first  class  shall  go  out  of  ofhce  at  the  expiration  of  two  years, 
and  senators  shall  be  elected  on  the  first  Wednesday  of  November, 
eighteen  hundred  and  fifty-three,  for  the  term  of  four  years,  to  sup- 
ply their  places ;  so  that,  after  the  first  election,  one-half  of  the 
senators  may  be  chosen  every  second  year ;  provided,  that  in  no 
case  shall  any  senator  be  placed  in  a  class  which  shall  entitle  him  to 
serve  for  a  longer  term  than  that  for  which  he  was  elected.  In  case 
the  number  of  senators  be  hereafter  increased,  such  classification  of 
the  additional  senators  shall  be  made  as  to  preserve  as  nearly  as 
may  be  an  equal  number  in  each  class. 

7.  The  General  Assembly  shall  meet  on  the  first  Wednesday  of 
January,  eighteen  hundred  and  fifly-two,  on  the  same  day,  in  the 
year  eighteen  hundred  and  fifly-three,  and  on  the  same  day  in  the 
year  eighteen  hundred  and  fifly-four,  and  on  the  same  day  in  every 
second  year  thereafter,  and  at  no  other  time  unless  convened  by  the 
proclamation  of  the  Governor. 

8.  The  General  Assembly  may  continue  their  first  two  sessions 
after  the  adoption  of  this  Constitution,  as  long  as,  in  the  opinion  of 
the  two  houses,  the  public  interests  may  require  it,  but  all  subse- 
quent regular  sessions  of  the  General  Assembly  shall  be  closed  on 
the  10th  day  of  March  next  ensuing  the  time  of  their  commence- 
ment, unless  the  same  shall  be  closed  at  an  earlier  day  by  the  agree- 
ment of  the  two  houses. 

9.  No  person  shall  be  eligible  as  a  senator  or  delegate  who,  at 
the  time  of  his  election,  is  not  a  citizen  of  the  United  States,  and 
who  has  not  resided  at  least  three  years  next  preceding  the  day  of 
his  election  in  this  State,  and  the  last  year  thereof  in  the  county  or 
city  which  he  may  be  chosen  to  represent,  if  such  count}^  or  city 
shall  have  been  so  long  established,  and  if  not,  then  in  the  county 
from  which,  in  whole  or  in  part,  the  same  may  have  been  formed ; 
nor  shall  any  person  be  eligible  as  a  senator  unless  he  shall  have 


232  CONSTITUTION    OF 


attained  the  age  of  twenty-five  years,  nor  as  a  delegate  unless  he 
shall  have  attained  the  age  of  twenty-one  years  at  the  time  of  his 
election. 

10.  No  member  of  Congress,  or  persons  holding  any  civil  or  mil- 
itary office  under  the  United  States,  shall  be  eligible  as  a  senator  or 
delegate ;  and  if  any  person  shall,  after  his  election  as  a  senator  or 
delegate,  be  elected  to  Congress,  or  be  appointed  to  any  office,  civil 
or  military,  under  the  government  of  the  United  States,  his  accep- 
tance thereof  shall  vacate  his  seat. 

11.  No  minister  or  preacher  of  the  Gospel,  of  any  denomination, 
and  no  person  holding  any  civil  office  of  profit  or  trust  under  this 
State,  except  justices  of  the  peace,  shall  be  eligible  as  senator-  or 
delegate. 

12.  Each  house  shall  be  judge  of  the  qualifications  and  elections 
of  its  members,  subject  to  the  laws  of  the  State — appoint  its  own 
officers,  determine  the  rules  of  its  own  proceedings,  punish  a  mem- 
ber for  disorderly  or  disrespectful  behavior,  and  with  the  consent  of 
two-thirds,  expel  a  member;  but  no  member  shall  be  expelled  a 
second  time  for  the  same  offence. 

13.  A  majority  of  each  house  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  each  house  may  prescribe. 

14.  The  doors  of  each  house  and  of  committees  of  the  whole 
shall  be  open,  except  when  the  business  is  such  as  ought  to  be  kept 
secret. 

15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  cause 
the  same  to  be  published.  The  yeas  and  nays  of  members  on  any 
question  shall,  at  the  call  of  any  five  of  them,  in  the  House  of 
Delegates,  or  one  in  the  Senate,  be  entered  on  the  journal. 

16.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days ;  nor  to  any  other  place  than  that  in  which 
the  house  shall  be  sitting,  without  the  concurrent  vote  of  two-thirds 
of  the  members  present. 

17.  The  style  oT  all  laws  of  this  State  shall  be,  "  Be  it  enacted 
by  the  General  Assembly  of  Maryland,"  and  all  laws  shall  be  passed 
by  original  bill,  and  every  law  enacted  by  the  Legislature  shall 
embrace  but  one  subject,  and  that  shall  be  described  in  the  title,  and 
no  law  or  section  of  law  shall  be  revived,  amended  or  repealed  by 
reference  to  its  title  or  section  only ;  and  it  shall  be  the  duty  of 
the  Legislature,  at  the  first  session  after  the  adoption  of  this  Consti- 
tution, to  appoint  two  commissioners  learned  in  the  law,  to  revise 
and  codify  the  laws  of  this  State;  and  the  said  commissioners  shall 
report  the  said  code,  so  formed,  to  the  Legislature,  within  a  time  to 
be  by  it  determined  for  its  approval,  amendment,  or  rejection  ;  and, 
if  adopted  after  the  revision  and  codification  of  the  said  laws,  it  shall 
be  the  duty  of  the  Legislature,  in  amending  any  article  or  section 
thereof,  to  enact  the  same  as  the  said  article  or  section  would  read 


MARYLAND.  233 


when  amended.  And  whenever  the  Legislature  shall  enact  any 
public  general  law,  not  amendatory  of  any  section  or  article  in  the 
said  code,  it  shall  be  the  duty  of  the  Legislature  to  enact  the  same 
in  articles  and  sections,  in  the  same  manner  as  the  said  code  may  be 
arranged ;  and  to  provide  for  the  publication  of  all  additions  and 
alterations  which  may  be  made  to  the  said  code,  and  it  shall  also  be 
the  duty  of  the  Legislature  to  appoint  one  or  more  commissioners 
learned  in  the  law,  whose  duty  it  shall  be  to  revise,  simplify,  and 
abridge  the  rules  of  practice,  pleadings,  forms  of  conveyancing,  and 
proceedings  of  the  courts  of  record,  in  this  State. 

18.  Any  bill  may  originate  in  either  house  of  the  General 
Assembly,  and  be  altered,  amended  or  rejected  by  the  other,  but  no 
bill  shall  originate  in  either  house  during  the  last  three  days  of  the 
session,  or  become  a  law,  until  it  be  read  on  three  different  days  of 
the  session  in  each  house,  unless  three-fourths  of  the  members  of 
the  house,  where  such  bill  is  pending,  shall  so  determine. 

19.  No  bill  shall  become  a  law  unless  it  be  passed  in  each  house 
by  a  majority  of  the  whole  number  of  members  elected,  and  on  its 
final  passage  the  ayes  and  noes  be  recorded. 

20.  No  money  shall  be  drawn  from  the  treasury  of  the  State, 
except  in  accordance  with  an  appropriation  made  by  law,  and  every 
such  law  shall  distinctly  specify  the  sum  appropriated,  and  the  object 
to  which  it  shall  be  applied,  provided  that  nothing  herein  contained 
shall  prevent  the  Legislature  from  placing  a  contingent  fund  at  the 
disposal  of  the  Executive,  who  shall  report  to  the  Legislature  at  each 
session  the  amount  expended  and  the  purposes  to  which  it  was 
applied ;  an  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  attached  to  and  published  with  the  laws 
after  each  regular  session  of  the  General  Assembly. 

21.  No  divorce  shall  be  granted  by  the  General  Assembly. 

22.  No  debt  shall  hereafter  be  contracted  by  the  Legislature, 
unless  such  debt  shall  be  authorized  by  a  law  providing  for  the  col- 
lection of  an  annual  tax  or  taxes  sufficient  to  pay  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  discharge  the  principal  thereof 
within  fifteen  years  from  the  time  of  contracting  the  same,  and  the 
taxes  laid  for  this  purpose  shall  not  be  repealed  or  applied  to  any  other 
object  until  the  said  debt  and  the  interest  thereon  shall  be  fully 
discharged,  and  the  amount  of  debts  so  contracted  and  remaining 
unpaid  shall  never  exceed  one  hundred  thousand  dollars.  The 
•credit  of  the  State  shall  not,  in  any  manner,  be  given  or  loaned  to  or 
in  aid  of  any  individual,  association  or  corporation,  nor  shall  the 
General  Assembly  have  the  power,  in  any  mode,  to  involve  the 
State  in  the  construction  of  works  of  internal  improvement,  or  in 
any  enterprise  which  shall  involve  the  faith  or  credit  of  th§  State,  or 
make  any  appropriations  therefor.  And  they  shall  not  use  or  appro- 
priate the  proceeds  of  the  internal  improvement  companies,  or  of 
the  State  tax  now  levied,  or  which  may  hereafter  be  levied,  to  pay 
off  the  public  debt,  to  any  other  purpose,  until  the  interest  and  debt 


284  CONSTITUTION    OF 


are  fully  paid,  or  the  sinking  fund  shall  be  equal  to  the  amount  of 
the  outstanding  debt ;  but  the  Legislature  may,  without  laying  a  tax, 
borrow  an  amount  never  to  exceed  fifty  thousand  dollars,  to  meet 
temporary  deficiencies  in  the  Treasury,  and  may  contract  debts  to 
any  amount  that  may  be  necessary  for  the  defence  of  the  State. 

23.  No  extra  compensation  shall  be  granted  or  allowed  by  the 
General  Assembly  to  any  public  officer,  agent,  servant  or  con- 
tractor, after  the  services  shall  have  been  rendered  or  the  contract 
entered  into.  Nor  shall  the  salary  or  compensation  of  any  public 
officer  be  increased  or  diminished  during  his  term  of  office. 

24.  No  Senator  or  Delegate,  after  qualifying  as  such,  shall,  during 
the  term  for  which  he  was  elected,  be  eligible  to  any  office  which 
shall  have  been  created,  or  the  salary  or  profits  of  which  shall  have 
been  increased  during  such  term,  or  shall,  during  said  term,  hold  any 
office  or  receive  the  salary  or  profits  of  any  office,  under  the  appoint- 
ment of  the  Executive  or  Legislature. 

25.  Each  house  may  punish  by  imprisonment,  during  the  session 
of  the  General  Assembly,  any  person  not  a  member,  for  disrespect- 
ful or  disorderly  behavior  in  its  presence,  or  for  obstructing  any  of 
its  proceedings  or  any  of  its  officers  in  the  execution  of  their  duties ; 
provided  such  imprisonment  shall  not,  at  any  one  time,  exceed  ten 
days. 

26.  The  members  of  each  house  shall,  in  all  cases,  except  treason, 
felony,  or  other  criminal  offence,  be  privileged  from  arrest  during 
their  attendance  at  the  session  of  the  General  Assembly,  and  in 
going  to  and  returning  from  the  same,  allowing  one  day  for  every 
thirty  miles  such  member  may  reside  from  the  place  at  which  the 
General  Assembly  is  convened. 

27.  No  Senator  or  Delegate  shall  be  liable,  in  any  civil  action  or 
criminal  prosecution  whatever,  for  words  spoken  in  debate. 

28.  The  House  of  Delegates  may  inquire,  on  the  oath  of  wit- 
nesses, into 'all  complaints,  grievances  and  offences,  as  the  Grand 
Inquest  of  the  State,  and  may  commit  any  person  for  any  crime  to 
the  public  jail,  there  to  remain  until  discharged  by  due  course  of 
law — they  may  examine  and  pass  all  accounts  of  the  State,  relating 
either  in  the  collection  or  expenditure  of  the  revenue,  and  appoint 
auditors  to  state  and  adjust  the  same — they  may  call  for  all  public 
or  official  papers,  and  records,  and  send  for  persons  whom  they  may 
judge  necessary  in  the  course  of  their  inquiries  concerning  affairs 
relating  to  the  public  interest,  and  may  direct  all  office  bonds  which 
shall  be  made  payable  to  the  State,  to  be  sued  for  any  breach  of 
duty. 

29.  In  case  of  death,  disqualification,  resignation,  refusal  to  act, 
expulsion  or  removal  from  the  county  or  city  for  which  he  shall  have 
been  elected,  of  any  person  who  shall  have  been  chosen  as  a  dele- 
gate or  senator,  or  in  case  of  a  tie  between  two  or  more  such  quali- 
fied persons,  a  warrant  of  election  shall  be  issued  by  the  Speaker  of 
the  House  of  Delegates  or  President  of  the  Senate,  as  the  case  may 


MARYLAND.  235 


be,  for  the  election  of  another  ptrson  in  his  place,  of  which  election, 
not  less  than  ten  days  notice  shall  be  given,  exclusive  of  the  day  of 
the  publication  of  the  notice  and  of  the  day  of  election ;  and  in  case 
of  such  resignation  or  refusal  to  act,  being  communicated  in  writing, 
to  the  Governor,  by  the  person  making  it,  or  if  such  death  occur 
during  the  legislative  recess  and  more  than  ten  days  before  its  ter- 
mination, it  shall  be  the  duty  of  the  Governor  to  issue  a  warrant  of 
election  to  supply  the  vacancy  thus  created  in  the  same  manner  that 
the  said  Speaker  or  President  might  have  done  during  the  session 
of  the  Legislature ;  provided,  however,  that  unless  ^  meeting  of  the 
General  Assembly  may  intervene,  the  election  thus  ordered  to  fill 
such  vacancy  shall  be  held  on  the  day  of  the  ensuing  election  for 
delegates  and  senators. 

30.  The  Senators  and  delegates  shall  receive  a  per  diem  of  four 
dollars,  and  such  mileage  as  may  be  allowed  by  law,  and  the  pre- 
siding officer  of  each  house  shall  be  allowed  an  addition  of  one  dollar 
per  day.  No  book  or  other  printed  matter  not  appertaining  to  the 
business  of  the  session,  shall  be  purchased  or  subscribed  for,  for  the 
use  of  the  members  or  be  distributed  among  thftm,  at  the  public 
expense. 

31.  No  law  passed  by  the  General  Assembly  shall  take  effect 
until  the  first  day  of  June  next  after  the  session  at  which  it  may  be 
passed,  unless  it  be  otherwise  expressly  declared  therein. 

32.  No  law  shall  be  passed  creating  the  office  of  Attorney-Gen- 
eral. 

33.  The  General  Assembly  shall  have  full  power  to  exclude  from 
the  privilege  of  voting  at  elections,  or  of  holding  any  civil  or  mili- 
tary office  in  this  State,  any  person  who  may  thereafi;er  be  convicted 
of  perjury,  bribery,  or  other  felony,  unless  such  person  shall  have 
been  pardoned  by  the  Executive. 

34.  Every  bill,  when  passed  by  the  General  Assembly,  and 
sealed  with  the  Great  Seal,  shall  be  presented  to  the  Governor,  who 
shall  sign  the  same  in  the  presence  of  the  presiding  officers  and  chief 
clerks  of  the  Senate  and  House  of  Delegates.  Every  law  shall  be 
recorded  in  the  office  of  the  Court  of  Appeals,  and  in  due  time  be 
printed,  published  and  certified  under  the  Great  Seal  to  the  several 
courts  in  the  same  manner  as  has  been  heretofore  usual  in  this  State. 

35.  No  person  who  may  hereafter  be  a  collector,  receiver  or 
holder  of  public  moneys,  shall  be  eligible  as  Senator  or  Delegate,  or 
to  any  office  of  profit  or  trust  under  this  State,  until  he  shall  have 
accounted  for  and  paid  into  the  treasury  all  sums  on  the  books 
thereof,  charged  to  and  due  by  him. 

36.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of  this 
Constitution,  either  in  or  out  of  this  State,  fight  a  duel  with  deadly- 
weapons,  or  send  or  accept  a  challenge  so  to  do,  or  who  shall  act  as 
second,  or  knowingly  aid  or  assist  in  any  manner  those  thus  offend- 
ing, shall  ever  thereafter  be  incapable  of  holding  any  office  of  trust 
or  profit  under  this  State. 


236  CONSTITUTION    OP 


37.  No  lottery  grant  shall  ever  hereafter  be  authorized  by  the 
Legislature. 

38.  The  General  Assembly  shall  pass  laws  necessary  to  protect 
the  property  of  the  wife  from  the  debts  of  the  husband  during  her 
life,  and  for  securing  the  same  to  her  issue  after  her  death. 

39.  Laws  shall  be  passed  by  the  Legislature  to  protect  from 
execution  a  reasonable  amount  of  the  property  of  a  debtor,  not 
exceeding  in  f  alue  the  sum  of  five  hundred  dollars. 

40.  The  Legislature  shall,  at  its  first  session  after  the  adoption  of 
this  Constitution,  adopt  some  simple  and  uniform  system  of  charges 
in  the  offices  of  clerks  of  courts  and  registers  of  wills  in  the  coun- 
ties of  this  State  and  the  city  of  Baltimore,  and  for  the  collection 
thereof;  provided,  the  amount  of  compensation  to  any  of  said 
officers  shall  not  exceed  the  sum  of  twenty -five  hundred  dollars  a 
year,  over  and  above  office  expenses,  and  compensation  to  assistants ; 
and  provided,  further,  that  such  compensation  of  clerks,  registers, 
assistants,  and  office  expenses,  shall  always  be  paid  out  of  the  fees 
or  receipts  of  the  offices  respectively. 

41.  The  House  of  Delegates  shall  have  the  sole  power  of  im- 
peachment in  all  cases,  but  a  majority  of  all  the  members  must 
concur  in  an  impeachment ;  all  impeachments  shall  be  tried  by  the 
Senate,  and  when  sitting  for  that  purpose  they  shall  be  on  oath  or 
affirmation  to  do  justice  according  to  the  law  and  evidence,  but  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
all  the  senators. 

42.  That  it  shall  be  the  duty  of  the  Legislature  so  soon  as  the 
public  debt  shall  have  been  fully  paid  off,  to  cause  to  be  transferred 
to  the  several  counties  and  the  city  of  Baltimore,  stock  in  the  inter- 
nal improvement  companies,  equal  to  the  amount  respectively  paid 
by  each  towards  the  erection  and  completion  of  said  works,  at  the 
then  market  value  of  said  stock. 

43.  The  Legislature  shall  not  pass  any  law  abolishing  the  relation 
of  master  or  slave,  as  it  now  exists  in  this  State.   . 

44.  No  person  shall  be  imprisoned  for  debt. 

45.  The  Legislature  hereafter  shall  grant  no  charter  for  banking 
purposes,  or  renew  any  banking  corporation  now  in  existence,  except 
upon  the  condition  that  the  stockholders  and  directors  shall  be  liable 
to  the  amount  of  their  respective  share  or  shares  of  stock  in  such 
banking  institution  for  all  its  debts  and  liabilities  upon  note,  bill  -or 
otherwise ;  and  upon  the  further  condition  that  no  director  or  other 
officer  of  said  corporation  shall  borrow  any  money  from  said  cor- 
poration ;  and  if  any  director  or  other  officer  shall  be  convicted  upon 
indictment  of  directly  or  indirectly  violating  this  article,  he  shall  be 
punished  by  fine  or  imprisonment  at  the  discretion  of  the  Court.  All 
banks  shall  be  open  to  inspection  of  their  books,  papers  and  ac- 
counts, under  such  regulations  as  may  be  prescribed  by  law. 

46.  The  Legislature  shall  enact  no  law  authorizing  private  pro- 
perty to  be  taken  for  public  use  without  just  compensation  as  agreed 


MARYLAND.  237 


Upon  between  the  parties  or  awarded  by  a  jury,  being  first  paid  or 
tendered  to  the  party  entitled  to  such  compensation. 

47.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  act,  except  for  municipal  purposes,  and  in 
cases  where,  in  the  judgment  of  the  Legislature,  the  object  of  the 
corporation  cannot  be  attained  under  general  laws.  All  laws  and 
special  acts  pursuant  to  this  section  may  be  altered  from  time  to 
time,  or  repealed ;  provided  nothing  herein  contained  shall  be  con- 
strued to  alter,  change  or  amend  in  any  manner  the  article  in  rela- 
tion to  Banks. 

48.  The  Legislature  shall  make  provision  for  all  cases  of  con- 
tested elections  of  any  of  the  officers  not  herein  provided  for. 

49.  That  the  rate  of  interest  in  this  State  shall  not  exceed  six  per 
cent,  per  annum,  and  no  higher  rate  shall  be  taken  or  demanded,  and 
the  Legislature  shall  provide,  by  law,  all  necessary  forfeitures  and 
penalties  against  usury. 

ARTICLE  IV. — Judiciary  Department. 

Sec.  1.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Court  of  Appeals,  in  Circuit  Courts,  in  such  Courts  for  the  city  of 
Baltimore  as  may  be  hereinafter  prescribed,  and  in  Justices  of  the 
Peace. 

2.  The  Court  of  Appeals  shall  have  appellate  jurisdiction  only, 
which  shall  be  co-extensive  with  the  limits  of  the  State.  It  shall 
consist  of  a  chief  justice  and  thr'ee  associate  justices,  any  three  of 
whom  shall  form  a  quorum,  whose  judgment  shall  be  final  and  con- 
clusive in  all  cases  of  appeals ;  and  who  shall  have  the  jurisdiction 
which  the  present  Court  of  Appeals  of  this  State  now  has,  and  such 
other  appellate  jurisdiction  as  hereafter  may  be  provided  for  by  law. 
And  in  every  case  decided,  an  opinion,  in  writing,  shall  be  filed,  and 
provision  shall  be  made,  by  law,  for  publishing  reports  of  cases 
argued  and  determined  in  the  said  court.  The  Governor,  for  the 
time  being,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
designate  the  chief  justice,  and  the  Court  of  Appeals  shall  hold  its 
sessions  at  the  city  of  Annapolis,  on  the  first  Monday  of  June,  and 
the  first  Monday  of  December,  in  each  and  every  year. 

3.  The  Court  of  Appeals  shall  appoint  its  own  clerk,  who  shall 
hold  his  office  for  six  years,  and  may  be  re-appointed  at  the  end 
thereof;  he  shall  be  subject  to  removal  by  the  said,  court  for  incom- 
petency, neglect  of  duty,  misdemeanor  in  office,  and  for  such  other 
causes  as  may  be  prescribed  by  law. 

4.  The  State  shall  be  divided  into  four  Judicial  districts  :  Alle- 
gany, Washington,  Frederick,  Carroll,  Baltimore,  and  Harford 
counties,  shall  compose  the  first  ;  Montgomery,  Howard,  Anne 
Arundel,  Calvert,  St.  Mary's,  Charles  and  Prince  George's,  the 
second  ;  Baltimore  city,  the  third  ;  and  Cecil,  Kent,  Queen  Anne's, 
Talbot,  Caroline,  Dorchester,  Somerset,  and  Worcester,  shall  com- 
pose the  fourth  district.     And  one  person  from  among  those  learned 


238  CONSTITUTION    OP 


in  the  law,  having  been  admitted  to  practice  in  this  State,  and  who 
shall  have  been  a  citizen  of  this  State  at  least  five  years,  and  above 
the  age  of  thirty  years  at  the  time  of  his  election,  and  a  resident  of 
the  judicial  district,  shall  be  elected  from  each  of  said  districts  by 
the  legal  and  qualified  voters  therein,  as  a  judge  of  the  said  Court 
of  Appeals,  who  shall  hold  his  office  for  the  term  of  ten  years  from 
the  time  of  his  election,  or  until  he  shall  have  attained  the  age  of 
seventy  years,  whichever  may  first  happen,  and  be  re-eligible  thereto 
until  he  shall  have  attained  the  age  of  seventy  years,  and  not  after, 
subject  to  removal  for  incompetency,  wilfbl  neglect  of  duty,  or  mis- 
behavior in  office,  on  conviction  in  a  court  of  law,  or  by  the  Gover- 
nor upon  the  address  of  the  General  Assembly,  two-thirds  of  the 
members  of  each  house  concurring  in  such  address ;  and  the  salary 
of  each  of  the  Judges  of  the  Court  of  Appeals  shall  be  two  thousand 
five  hundred  dollars  annually,  and  shall  not  be  increased  or  dim- 
inished during  their  continuance  in  office  ;  and  no  fees  or  perquisites 
of  any  kind,  shall  be  allowed  by  law  to  any  of  the  said  judges. 

5.  No  Judge  of  the  Court  of  Appeals  shall  sit  in  any  case  wherein 
he  may  be  interested,  or  where  either  of  the  parties  may  be  con- 
nected with  him  by  affinity  or  consanguinity  within  such  degrees  as 
may  be  prescribed  by  law,  or  when  1^  shall  have  been  of  counsel 
in  said  case ;  when  the  Court  of  Appeals,  or  any  of  its  members 
shall  be  thus  disqualified  to  hear  and  determine  any  case  or  cases  in 
said  court,  so  that  by  reason  thereof  no  judgment  can  be  rendered 
in  said  court,  the  same  shall  be  certified  to  the  Governor  of  the 
State,  who  shall  immediately  commission  the  requisite  number  of 
persons  learned  in  .the  law  for  the  trial  and  determination  of  said 
case  or  cases. 

6.  All  Judges  of  the  Court  of  Appeals,  of  the  Circuit  Courts,  and 
of  the  Courts  for  the  city  of  Baltimore,  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State. 

7.  All  public  commissions  and  grants. shall  run  thus  :  "The  State 
of  Maryland,"  &c.,  and  shall  be  signed  by  the  Governor,  with  the 
seal  of  the  State  annexed ;  all  writs  and  process  shall  run  in  the 
same  style,  and  be  tested,  sealed  and  signed  as  usual ;  and  all  in- 
dictments shall  conclude  "against  the  peace,  government  and  dignity 
of  the  State." 

8.  The  State  shall  be  divided  into  eight  Judicial  Circuits,  in  man- 
ner and  form  following,  to  wit:  St.  Mary's,  Charles  and  Prince 
George's  counties  shall  be  the  first ;  Anne  Arundel,  Howard,  Cal- 
vert and  Montgomery  counties  shall  be  the  second ;  Frederick  and 
Carroll  counties  shall  be  the  third ;  Washington  and  Allegany  coun- 
ties shall  be  the  fourth ;  Baltimore  city  shall  be  the  fifth ;  Baltimore, 
Harford  and  Cecil  counties  shall  be  the  sixth ;  Kent,  Queen  Aime's, 
Talbot  and  Caroline  counties  shall  be  the  seventh ;  and  Dorchester, 
Somerset  and  Worcester  counties  shall  be  the  eighth  ;  and  there  shall 
be  elected,  as  hereinafter  directed,  for  each  of  the  said  Judicial  Cir- 
cuits, except  the  fifth,  one  person  from  among  those  learned  in  the 


MARYLAND.  239 


law,  having  been  admitted  to  practice  in  this  State,  and  who  shall 
have  been  a  citizen  of  this  State  at  least  five  years,  and  above  the 
age  of  thirty  years  at  the  time  of  his  election,  and  a  resident  of  the 
Judicial  Circuit  to  be  Judge  thereof;  the  said  Judges  shall  be  styled 
Circuit  Judges,  and  shall  respectively  hold  a  term  of  their  courts  at 
least  twice  in  each  year,  or  oftener  if  required  by  law,  in  each 
county  composing  their  respective  circuits ;  and  the  said  courts  shall 
be  called  Circuit  Courts  for  the  county  in  which  they  may  be  held, 
and  shall  have  and  exercise  in  the  several  counties  of  this  State,  all 
the  power,  authority  and  jurisdiction  which  the  county  courts  of  this 
State  now  have  and  exercise,  or  which  may  hereafter  be  prescribed 
by  law,  and  the  said  Judges  in  their  respective  circuits,  shall  have 
.  and  exercise  all  the  power,  authority  and  jurisdiction  of  the  present 
Court  of  Chancery  of  Maryland  ;  provided,  nevertheless,  that  Bal- 
timore county  court  may  hold  its  sittings  within  the  limits  of  the 
city  of  Baltimore,  until  provision  shall  be  made  by  law  for  the  loca- 
tion of  a  county  seat  within  the  limits  of  the  said  county  proper, 
and  the  erection  of  a  court-house  and  all  other  appropriate  buildings, 
for  the  convenient  administration  of  justice  in  said  court. 

9.  The  Judges  of  the  several  judicial  circuits  shall  be  citizens  of 
the  United  States,  and  shall  have  resided  five  years  in  this  State, 
and  two  years  in  the  judicial  circuit  for  which  they  may  be  respec- 
tively elected,  next  before  the  time  of  their  election,  and  shall  reside 
therein  while  they  continue  to  act  as  Judges;  they  shall  be  taken 
from  among  those  who,  having  the  other  qualifications  herein 'pre- 
scribed, are  most  distinguished  for  integrity,  wisdom  and  sound 
legal  knowledge,  and  shall  be  elected  by  the  qualified  voters  of  the 
said  circuits,  and  shall  hold  their  offices  for  the  term  of  ten  years, 
removable  for  misbehavior,. on  conviction  in  a  court  of  law  or  by 
the  Governor,  upon  the  address  of  the  General  Assembly,  provided 
that  two-lhirds  of  the  members  of  each  house  shall  concur  in  such 
address,  and  the  said  Judges  shall  each  receive  a  salary  of  two 
thousand  dollars  a-year,  and  the  same  shall  not  be  increased  or 
diminished  during  the  time  of  their  continuance  in  office ;  and  no 
judge  of  any  court  in  this  State,  shall  receive  any  perquisite,  fee, 
commission  or  reward,  in  addition  thereto,  for  the  performance  of 
any  judicial  duty. 

10.  There  shall  be  established  for  the  city  of  Baltimore  one  court 
of  law,  to  be  styled  "  the  Court  of  Common  Pleas,"  which  shall  have 
civil  jurisdiction  in  all  suits  where  the  debt  or  damage  claimed  shall 
be  over  one  hundred  dollars,  and  shall  not  exceed  five  hundred  dol- 
lars ;  and  shall,  also,  have  jurisdiction  in  all  cases  of  appeal  from 
the  judgment  of  justices  of  the  peace  in  the  said  city,  and  shall  have 
jurisdiction  in  all  applications  for  the  benefit  of  the  insolvent  laws 

of  this  State,  and  the  supervision  and  control  of  the  trustees  thereof. 

11.  There  shall  also  be  established,  for  the  city  of  Baltimore, 
another  court  of  law,  to  be  styled  the  Superior  Court  of  Baltimore 
city,  which  shall  have  jurisdiction  over  all  suits  where  the  debt  or 


240  CONSTITUTION    OF 


damage  claimed  shall  exceed  the  sum  of  five  hundred  dollars,  and 
in  case  any  plaintiff  or  plaintiffs  shall  recover  less  than  the  sum  or 
value  of  five  hundred  dollars,  he  or  they  shall  be  allowed  or 
adjudged  to  pay  costs  in  the  discretion  of  the  court.  The  said  court 
shall  also  have  jurisdiction  as  a  court  of  equity  within  the  limits  of 
the  said  city,  and  in  all  other  civil  cases  which  have  not  been  here- 
tofore assigned  to  the  Court  of  Common  Pleas, 

12.  Each  of  the  said  two  courts  shall  consist  of  one  Judged,  who 
shall  be  elected  by  the  legal  and  qualified  voters  of  the  said  city, 
and  shall  hold  his  office  for  the  term  of  ten  years,  subject  to  the  pro- 
visions of  this  Constitution,  with  regard  to  the  election  and  qualifi- 
cation of  Judges  and  their  removal  from  office,  and  the  salary  of 
each  of  the  said  Judges  shall  be  twenty -five  hundred  dollars  a-year  ; 
and  the  Legislature  shall,  whenever  it  may  think  the  same  proper 
and  expedient,  provide,  by  law,  another  court  for  the  city  of  Bal- 
timore, to  consist  of  one  Judge  to  be  elected  by  the  qualified  voters 
of  the  said  city,  who  shall  be  subject  to  the  same  constitutional  pro- 
visions, hold  his  office  for  the  same  term  of  years,  and  receive  the 
same  compensation  as  the  Judge  of  the  Court  of  Common  Pleas  of 
the  said  city,  and  the  said  court  shall  have  such  jurisdiction  and 
powers  as  may  be  prescribed  by  law. 

13.  There  shall  also  be  a  criminal  court  for  the  city  of  Baltimore, 
to  be  styled  the  Criminal  Court  of  Baltimore,  which  shall  consist  of 
one  Judge,  who  shall  also  be-  elected  by  the  legal  and  qualified 
voters  of  the  said  city,  and  who  shall  have  and  exercise  all  the 
jurisdiction  now  exercised  by  Baltimore  city  court,  and  the  said 
Judge  shall  receive  a  salary  of  two  thousand  dollars  a-year  and 
shall  be  subject  to  the  provisions  of  this  Constitution  with  regard  to 
the  election  and  qualifications  of  Judges,  term  of  office,  and  removal 
therefrom. 

14.  There  shall  be  in  each  county  a  clerk  of  the  Circuit  Court,  who 
shall  be  elected  by  the  qualified  voters  of  each  county,  and  the  per- 
son receiving  the  greatest  number  of  votes  shall  be  declared  and 
returned  duly  elected  clerk  of  said  Circuit  Court  for  the  said  county, 
and  shall  hold  his  office  for  the  term  of  six  years  from  the  time  of 
his  election,  and  until  a  new  election  is  held;  shall  be  re-eligible 
thereto,  and  subject  to  removal  for  wilful  neglect  of  duty,  or  other 
misdemeanor  in  office,  on  conviction  in  a  court  of  law.  There  shall 
also  be  a  clerk  of  the  Court  of  Common  Pleas  in  Baltimore  city, 
and  a  clerk  of  the  Superior  Court  of  Baltimore  city,  and  there  shall 
also  be  a  clerk  of  the  Criminal  Court  of  Baltimore  city,  and  each  of 
said  clerks  shall  be-  elected  as  aforesaid  by  the  qualified  voters  of 
the  city  of  Baltimore,  and  shall  hold  his  office  for  six  years  from  the 
time  of  his  election,  and  until  a  new  election  is  held,  and  be  re- 
eligible  thereto,  subject,  in  like  manner,  to  be  removed  for  wilful 
neglect  of  duty  or  other  misdemeanor  in  office,  on  conviction  in  a 
court  of  law.  In  case  of  a  vacancy  in  the  office  of  a  clerk,  the  Judge 
or  Judges  of  the  court,  of  which  he  was  clerk,  shall  have  the  power 


MARYLAND.  241 

to  appoint  a  clerk  until  the  general  election  of  delegates  held  next 
thereafter,  when  a  clerk  shall  be  elected  to  fill  such  vacancy. 

15.  The  clerk  of  the  Court  of  Common  Pleas  for  Baltimore  city, 
shall  have  authority  to  issue  within  the  said  city,  all  marriage  and 
other  licenses  required  by  law,  subject  to  such  provisions  as  the 
Legislature  shall  hereafter  prescribe ;  and  the  clerk  of  the  Superior 
Court  for  said  city,  shall  have  the  custody  of  all  deeds,  conveyances, 
and  other  papers  now  remaining  in  the  office  of  the  clerk  of  Balti- 
more county  court,  and  shall  hereafter  receive  and  record  all  deeds, 
conveyances,  and  other  papers  which  are  required  by  law  to  be  re- 
corded in  said  city.  He  shall  also  have  the  custody  of  all  other 
papers  connected  with  the  proceedings  on  the  law  or  equity  side  of 
Baltimore  county  court,  and  of  the  dockets  thereof,  so  far  as  the  same 
have  relation  to  Baltimore  city. 

16.  That  the  clerk  of  the  Court  of  Appeals,  and  the  clerks  of  the 
Circuit  Courts  in  the  several  counties,  shall  respectively  perform  all 
the  duties  and  be  entitled  to  the  fees  which  appertain  to  the  offices 
of  the  clerks  of  Court  of  Appeals  for  the  Eastern  and  Western 
Shores  and  of  the  clerks  of  County  Courts,  and  the  clerks  of  the 
Court  of  Common  Pleas,  the  Superior  Court,  and  the  Criminal  Court 
for  Baltimore  city,  shall  perform  all  the  duties  appertaining  to  their 
respective  offices,  and  heretofore  vested  in  the  clerks  of  Baltimore 
County  County  Court  and  Baltimore  City  Court  respectively,  and 
be  entitled  to  all  the  fees  now  allowed  by  law;  and  all  laws  relat- 
ing to  the  clerks  of  Court  of  Appeal,  clerks  of  the  several  County 
Courts  and  Baltimore  City  Court,  shall  be  applicable  to  the  clerks 
respectively  of  the  clerk  of  Court  of  Appeals,  the  Circuit  Courts,  the 
Court  of  Common  Pleas,  the  Superior  Court,  and  the  Criminal 
Court  of  Baltimore  city,  until  otherwise  provided  by  law ;  and  the 
said  clerks,  when  duly  elected  and  qualified  according  to  law,  shall 
have  the  charge  and  custody  of  the  records  and  other  papers  belong- 
ing to  their  respective  offices. 

17.  The  qualified  voters  of  the  city  of  Baltimore,  and  of  the 
several  counties  of  the  State,  shall,  on  the  first  Wednesday  of  No- 
vember, eighteen  hundred  and  fifty-one,  and  on  the  same  day  of  the 
same  month  ip.  every  fourth  year  forever  thereafter,  elect  three  men 
to  be  Judges  of  the  Orphans'  Court  of  said  city  and  counties  respec- 
tively, who  shall  be  citizens  of  the  State  of  Maryland,  and  citizens 
of  the  city  or  county  for  which  they  may  be  severally  elected  at  the 
time  of  their  election.  They  shall  have  all  the  powers  now  vested 
in  the  Orphans'  Courts  of  this  State,  subject  to  such  changes  therein 
as  the  Legislature  may  prescribe,  and  each  of  said  Judges  shall  be 
paid  at  a  per  diem  rate,  for  the  time  they  are  in  session,  to  be  fixed 
by  the  Legislature,  and  paid  by  the  said  counties  and  city  re- 
spectively. 

18.  There  shall  be  a  Register  of  Wills  in  each  county  of  the  State, 
and  in  the  city  of  Baltimore,  to  be  elected. by  the  legal  and  qualified 
voters  of  said  counties  and   city  respectively,  who  shall  hold  his 


242  CONSTITUTION    OF 


office  for  six  years  from  the  time  of  his  election,  and  until  a  new 
election  shall  take  place,  and  be  re-eligible  thereto,  subject  to  be  re- 
moved for  wilful  neglect  of  duty,  or  misdemeanor  in  office,  in  the 
same  manner  that  the  clerks  of  the  county  courts  are  removable. 
In  the  event  of  any  vacancy  in  the  office  of  Register  of  Wills,  said 
vacancy  shall  be  filled  by  the  Judges  of  the  Orphans'  Court  until 
the  general  election  next  thereafter  for  Delegates  to  the  General 
Assembly,  when  a  Register  shall  be  elected  to  fill  such  vacancy. 

19.  The  Legislature  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  fix  the  number  of  Justices  of  the  Peace  and  Con- 
stables for  each  ward  of  the  city  of  Baltimore,  and  for  each  election 
district  in  the  several  counties,  who  shall  be  elected  by  the  legal 
and  qualified  voters  thereof  respectively,  at  the  next  general  elec- 
tion for  delegates  thereafter,  and  shall  hold  their  offices  for  two 
years  from  the  time  of  their  election,  and  until  their  successors  in 
office  are  elected  and  qualified ;  and  the  Legislature  may,  from  time 
to  time,  increase  or  diminish  the  number  of  Justices  of  the  Peace 
and  Constables  to  be  elected  in  the  several  wards  and  election  dis- 
ti'icts,  as  the  wants  and  interests  of  the  people  may  require.  They 
shall  be,  by  virtue  of  their  offices,  conservators  of  the  peace  in  the 
said  counties  and  city  respectively,  and  shall  have  such  duties  and 
compensation  as  now  exist,  or  may  be  provided  for  by  law.  In  the 
event  of  a  vacancy  in  the  office  of  a  ttustice  of  the  Peace,  the  Go- 
vernor shall  appoint  a  person  to  serve  as  Justice  of  the  Peace,  until 
the  next  regular  election  of  said  officers,  and  in  case  of  a  vacancy  in 
the  office  of  Constable,  the  County  Commissioners  of  the  county,  in 
which  a  vacancy  may  occur,  or  the  Mayor  and  City  Council  of  Balti- 
more, as  the  case  may  be,  shall  appoint  a  person  to  serve  as  Con- 
stable until  the  next  regular  election  thereafter  for  said  officers.  An 
appeal  shall  lie  in  all  civil  cases  from  the  judgment  of  a  Justice  of 
the  Peace  to  the  Circuit  Court,  or  to  the  Court  of  Common  Pleas 
of  Baltimore  city,  as  the  case  may  be,  and  on  all  such  appeals, 
either  party  shall  be  entitled  to  a  trial  by  jury,  according  to  the 
laws  now  existing,  or  which  may  be  hereafter  enacted.  And  the 
Mayor  and  City  Council  may  provide,  by  ordinance,  from  time  to 
time,  for  the  creation  and  government  of  such  temporary  additional 
police,  as  they  may  deem  necessary  to  preserve  the  public  peace. 

20.  There  shall  be  elected  in  each  county  and  in  the  city  of  Balti- 
more, every  second  year  two  persons  for  the  office  of  sheriff"  for  each 
county,  and  two  for  the  said  city,  the  one  of  whom  having  the 
highest  number  of  votes  of  the  qualified  voters  of  said  county  or 
city,  or  if  both  have  an  equal  number,  either  of  them,  at  the  discre- 
tion of  the  Governor,  to  be  commissioned  by  the  Governor  for  the 
said  office,  and,  having  -served  for  two  years,  such  person  shall  be 
ineligible  for  the  two  years  next  succeeding  ;  i)ond  with  security,  to 
be  taken  every  year,  and  no  sheriff"  shall  be  qualified  to  act  before 
the  same  be  given.  In  case  of  death,  refusal,  disqualification  or  re- 
moval out  of  the  county,  before  the  expiration  of  the  said  two  years, 


MARYLAND.  a24:2 


the  other  person  chosen  as  aforesaid,  shall  be  commissioned  by  the 
Grovernor  to  execute  the  said  office  for  the  residue  of  the  said  two 
years,  the  said  person  giving  bond  with  security  as  aforesaid.  No 
person  shall  be  eligible  to  the  office  of  sheriff  but  a  resident  of  such 
county  or  city  respectively,  who  shall  have  been  a  citizen  of  this 
State  at  least  five  years  preceding  his  election,  and  above  the  age  of 
twenty-one  years.  The  two  candidates,  properly  qualified,  having 
the  highest  number  of  legal  ballots,  shall  be  declared  duly  elected 
for  the  office  of  sheriff  for  such  county  or  city,  and  returned  to  the 
Governor,  with  a  certificate  of  the  number  of  ballots  for  each  of 
them. 

21.  Coroners,  Elisors  and  Notaries  Public  shall  be  appointed  for 
each  county  and  the  city  of  Baltimore,  in  the  manner  now  prescribed 
by  law,  or  in  such  other  manner  as  the  General  Assembly  may 
hereafter  direct. 

22.  No  Judge  shall  sit  in  any  case  wherein  he  may  be  interested, 
or  where  either  of  the  parties  may  be  connected  with  him  by  affinity 
or  consanguinity,  within  such  degrees  as  may  be  prescribed  by  law, 
or  where  he  shall  have  been  of  counsel  in  the  case ;  and  whenever 
any  of  the  judges  of  the  circuit  courts,  or  of  the  courts  for  Baltimore 
city,  shall  be  thus  disqualified,  or  whenever,  by  reason  of  sickness, 
or  any  other  cause,  the  said  judges,  or  any  of  them,  may  be 'unable 
to  sit  in  any  cause,  the  parties  may,  by  consent,  appoint  a  proper 
person  to  try  the  said  cause,  or  the  judges,  or  any  of  them,  shall  do 
so  when  directed  by  law. 

23.  The  present  Chancellor  and  the  Register  in  Chancery,  and,  in 
the  event  of  any  vacancy  in  their  respective  offices,  their  successors 
in  office  respectively,  who  are  to  be  appointed  as  at  present,  by  the 
Governor  and  Senate,  shall  continue  in  office,  with  the  powers  and 
compensation  as  at  present  established,  until  the  expiration  of  two 
years  after  the  adoption  of  this  Constitution  by  the  people,  and  until 
the  end  of  the  session  of  the  Legislature  next  thereafter,  after  which 
the  said  offices  of  Chancellor  and  Register  shall  be  abolished.  The 
Legislature  shall,  in  the  mean  time,  provide  by  law  for  the  record- 
ing, safe-keeping,  or  other  disposition,  of  the  records,  decrees,  and 
other  proceedings  of  the  Court  of  Chancery,  and  for  the  copying  and 
attestation  thereof,  and  for  the  custody  and  use  of  the  Great  Seal  of 
the  State,  when  required,  after  the  expiration  of  the  said  two  years, 
and  for  transmitting  to  the  said  counties,  and  to  the  city  of  Balti- 
more, all  the  cases  and  proceedings  in  said  Court  then  undisposed  of 
and  unfinished,  in  such  manner,  and  under  such  regulations  as  may 
be  deemed  necessary  and  proper :  Provided,  that  no  new  business 
shall  originate  in  the  said  Court,  nor  shall  any  cause  be  removed  to 
the  same  from  any  other  court,  from  and  after  the  ratification  of 
this  Constitution. 

24.  The  first  election  of  Judges,  Clerks,  Registers  of  Wills,  and 
all  other  officers,  whose  election  by  the  people  is  provided  for  in 
this  article  of  the  Constitution,  except  justices  of  the  peace  and  con- 


2426  CONSTITUTION    OP 


stables,  shall  take  place  throughout  the  State  on  the  first  Wednes- 
day of  November  next  after  the  ratification  of  this  Constitution  by 
the  people. 

25.  In  case  of  the  death,  resignation,  removal,  or  other  disqualifi- 
cation of  a  judge  of  any  of  the  courts  of  law,  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  thereupon  appoint  a 
person,  duly  qualified,  to  fill  said  office  until  the  next  general  elec- 
tion for  delegates  thereafter;  at  which  time  an  election  shall  be  held 
as  hereinbefore  prescribed,  for  a  judge,  who  shall  hold  the  said  office 
for  ten  years,  according  to  the  provisions  of  this  Constitution. 

26.  In  case  of  the  death,  resignation,  removal,  or  other  disqualifi- 
cation of  the  judge  of  an  Orphans'  Court,  the  vacancy  shall  be  filled 
by  the  appointment  of  the  Governor,  by  and  with,  the  advice  and 
consent  of  the  Senate. 

27.  Whenever  lands  lie  partly  in  one  county,  and  partly  in 
another,  or  partly  in  a  county  and  partly  in  the  City  of  Baltimore, 
or  whenever  persons  proper  to  be  made  defendants  to  proceedings 
in  Chancery,  reside  some  in  one  county  and  some  in  another,  that 
court  shall  have  jurisdiction  in  which  proceedings  shall  have  been 
first  commenced,  subject  to  such  rules,  regulations  and  alterations  as 
may  be  prescribed  by  law. 

28.  In  all  suits  or  actions  at  law,  issues  from  the  Orphans'  Court 
or  from  any  court  sitting  in  equity,  in  petitions  for  freedom,  and  in 
all  presentments  and  indictments  now  pending,  or  which  may  be 
pending  at  the  time  of  the  adoption  of  this  Constitution  by  the  people, 
or  which  may  be  hereafter  instituted  in  any  of  the  courts  of  law  of 
this  State,  having  jurisdiction  thereof,  the  judge  or  judges  thereof, 
upon  suggestion  in  writing,  if  made  by  the  State's  Attorney,  or  the 
prosecutor  for  the  State,  or  upon  suggestion  in  writing,  supported 
by  affidavit,  made  by  any  of  the  parties  thereto,  or  other  proper 
evidence,  that  a  fair  and  impartial  trial  cannot  be  had  in  the  court 
where  such  suit  or  action  at  law,  issues  or  petitions,  or  presentment 
and  indictment  is  depending,  shall  order  and  direct  the  record  of 
proceedings  in  such^suit  or  action,  issues  or  petitions,  presentment 
or  indictment,  to  be  transmitted  to  the  court  of  any  adjoining 
county  ;  provided,  that  the  removal  in  all  civil  causes  be  confined 
to  an  adjoining  county  within  the  judicial  circuit,  except  as  to  the 
city  of  Baltimore,  where  the  removal  may  be  to  an  adjoining 
county,  for  trial,  which  court  shall  hear  and  determine  the  same 
in  like  maimer  as  if  such  suit  or  action,  issues  or  petitions,  pre- 
sentment or  indictment,  had  been  originally  instituted  therein; 
and  provided  also,  that  such  suggestion  shall  be  made  as  afore- 
said, before  or  during  the  term  in  which  the  issue  or  issues  may 
be  joined  in  said  suit  or  action,  issues  or  petition,  presentment 
or  indictment,  and  that  such  further  remedy  in  the  premises  may 
be  provided  by  law,  as  the  Legislature  shall  from  time  to  time 
direct  and  enact. 

29.  All  Election  of  judges,  and    other  officers  provided  for  by 


MARYLAND.  c242 


this  Constitution,  shall  be  certified,  and  the  returns  made  by  the 
clerks  of  the  respective  counties  to  the  Governor,  who  shall  issue 
commissions  to  the  different  persons  for  the  offices  to  which  they 
shall  have  been  respectively  elected;  and  in  all  such  elections, 
the  person  having  the  greatest  number  of  votes,  shall  be  de- 
clared to  be  elected. 

30.  If  in  any  case  of  election  for  Judges,  Clerks  of  the  Courts 
of  Law  and  Registers  of  Wills,  the  opposing  candidates  shall 
have  an  equal  number  of  votes,  it  shall  be  the  duty  of  the  Go- 
vernor to'  order  a  new  election ;  and  in  case  of  any  contested  elec- 
tion, the  Governor  shall  send  the  returns  to  the  House  of  Delegates, 
who  shall  judge  of  the  election  and  qualification  of  the  candidates  at 
such  election. 

31.  Every  person  of  good  moral  character,  being  a  voter,  shall 
be  admitted  to  practice  law  in  all  the  courts  of  law  in  this  State,  in 
his  own  case. 

ARTICLE  Y.—The  State's  Attorneys. 

Sec.  1.  There  shall  be  an  attorney  for  the  State  in  each  county 
and  the.  city  of  Baltimore,  to  be  styled  "The  State's  Attorney," 
who  shall  be  elected  by  the  voters  thereof,  respectively,  on  the  first 
Wednesday  of  November  next,  and  on  the  same  day  every  fourth 
year  thereafter,  and  hold  his  office  for  four  years  from  the  first  Mon- 
day of  January  next  ensuing  his  election,  and  until  his  successor 
shall  be  elected  and  qualified,  and  shall  be  re-eligible  thereto,  and 
be  subject  to  removal  therefrom  for  incompetency,  wilful  neglect  of 
duty  or  misdemeanor  in  office,  on  conviction  in  a  court  of  law. 

2.  All  elections  for  the  State's  Attorney  shall  be  certified  to,  and 
returns  made  thereof,  by  the  clerks  of  the  said  counties  and  city  to 
the  Judges  thereof  having  criminal  jurisdiction,  respectively,  whose 
duty  it  shall  be  to  decide  upon  the  elections  and  qualifications  of  the 
persons  returned,  and  in  case  of  a  tie  between  two  or  more  persons, 
to  designate  which  of  said  persons  shall  qualify  as  State's  Attorney, 
and  to  administer  the  oaths  of  office  to  the  persons  elected. 

3.  The  State's  Attorney  shall  perform  such  duties  and  receive 
such  fees  and  commissions  as  are  now  prescribed  by  law  for  the 
Attorney  General  and  his  deputies,  and  such  other  duties,  fees  and 
commissions  as  may  hereafter  be  prescribed  by  law,  and  if  any 
State's  Attorney  shall  receive  any  other  fee  or  reward  than  such  as 
is,  or  may  be  allowed  by  law,  he  shall,  on  conviction  thereof,  be  re- 
moved from  office. 

4.  No  person  shall  be  eligible  to  the  office  of  State's  Attorney 
who  has  not  been  admitted  to  practice  the  law  in  this  State,  and  who 
has  not  resided  for  at  least  one  year  in  the  county  or  city  in  which 
he  may  be  elected. 

5.  In  case  of  vacancy  in  the  office  of  State's  Attorney,  or  of  his 
removal  from  the  county  or  city  in  which  he  shall  have  been  elected, 
or  on  his  conviction  as  herein  before  specified,  the  said  vacancy 


24:2d  CONSTITUTION    OP 


shall  be  filled  by  the  Judge  of  the  county  or  city,  respectively, 
having  criminal  jurisdiction  in  which  said  vacancy  shall  occur,  until 
the  election  and  qualification  of  his  successor ;  at  which  election  said 
vacancy  shall  be  filled  by  the  voters  of  the  said  county  or  city,  for 
the  residue  of  the  term  thus  made  vacant. 

6.  It  shall  be  the  duty  of  the  clerk  of  the  Court  of  Appeals,  and 
the  Commissioner  of  the  Land  Office,  respectively,  whenever  a  case 
shall  be  brought  into  said  court  or  office,  in  which  the  State  is  a 
party,  or  has  an  interest,  immediately  to  notify  the  Governor 
thereof. 

ARTICLE  VI. — Treasury  Department. 

Sec.  1.  There  shall  be  a  Treasury  Department,  consisting  of  a 
Comptroller,  chosen  by  the  qualified  electors  of  the  State,  at  each 
election  of  members  of  the  House  of  Delegates,  who  shall  receive 
an  annual  salary  of  two  thousand  five  hundred  dollars ;  and  of  a 
treasurer,  to  be  appointed  by  the  two  Houses  of  the  Legislature,  at 
each  session  thereof,  on  joint  ballot,  who  shall  also  receive  an  annual 
salary  of  two  thousand  five  hundred  dollars ;  and  neither  of  the  said 
officers  shall  be  allowed  or  receive  any  fees,  commissions,  or  per- 
quisites of  any  kind,  in  addition  to  his  salary,  for  the  performance 
of  any  duty  or  service  whatever.  In  case  of  a  vacancy  in  either  of 
the  offices,  by  death  or  otherwise,  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  fill  such  vacancy  by  appoint- 
ment, to  continue  until  another  election  by  the  people,  or  a  choice 
by  the  Legislature,  as  the  case  may  be,  and  the  qualification  of  the 
successor.  The  Comptroller  and  the  Treasurer  shall  keep  their 
offices  at  the  seat  of  Government,  and  shall  take  such  oath,  and  enter 
into  such  bonds,  for  the  faithfiil  discharge  of  their  duties,  as  the 
Legislature  shall  prescribe. 

2.  The  Comptroller  shall  have  the  general  superintendence  of  the 
fiscal  affairs  of  the  State :  he  shall  digest  and  prepare  plans  for  the 
improvement  and  management  of  the  revenue,  and  for  the  support 
of  the  public  credit ;  prepare  and  report  estimates  of  the  revenue 
and  expenditure  of  the  State :  superintend  and  enforce  the  collection 
of  all  taxes  and  revenue ;  adjust,  settle  and  preserve  all  public  ac- 
counts ;  decide  on  the  forms  of  keeping  and  stating  accounts;  grant, 
under  regulations  prescribed  by  law,  all  warrants  for  moneys  to  be 
paid  out  of  the  Treasury,  in  pursuance  of  appropriations  by  law ; 
prescribe  the  formalities  of  the  transfer  of  stock  or  other  evidences 
of  the  State  debt ;  and  countersign  the  same,  without  which  such 
evidences  shall  not  be  valid  ;  he  shall  make  full  reports  of  all  his 
proceedings,  and  of  the  state  of  the  Treasury  Department  within 
ten  days  after  the  commencement  of  each  session  of  the  Legislature, 
and  perform  such  other  duties  as  shall  be  prescribed  by  law. 

3.  The  Treasurer  shall  receive  and  keep  the  moneys  of  the  State, 
and  disburse  the  same  upon  warrants  drawn  by  the  Comptroller, 
"and  not  otherwise ;  he  shall  take  receipts  for  all  moneys  paid  by 


MARYLAND.  €  242 


him,  and  all  receipts  for  moneys  received  by  him  shall  be  endorsed 
upon  warrants  signed  by  the  Comptroller,  without  which  warrant, 
so  signed,  no  acknowledgment  of  money  received  into  the  Treasury 
shall  be  valid ;  and  upon  warrants  issued  by  the  Comptroller  he 
shall  make  arrangements  for  the  payment  of  the  interest  of  the  pub- 
lic debt,  and  for  the  purchase  thereof,  on  account  of  the  sinking  fund. 
Every  bond,  certificate,  or  other  evidence  of  the  debt  of  the  State, 
shall  be  signed  by  the  Treasurer  and  countersigned  by  the  Comp- 
troller, and  no  new  certificate  or  other  evidence  intended  to  replace 
another  shall  be  issued  until  the  old  one  shall  be  delivered  to  the 
Treasurer,  and  authority  executed  in  due  form  for  the  transfer  of  the 
»  same  shall  be  filed  in  his  office,  and  the  transfer  accordingly  made 
on  the  books  thereof,  and  the  certificate  or  other  evidence  cancelled ; 
but  the  Legislature  may  make  provision  for  the  loss  of  certificates 
or  other  evidence  of  the  debt. 

4.  The  Treasurer  shall  render  his  accounts  quarterly  to  the  Comp- 
troller ;  and  on  the  third  day  of  each  session  of  the  Legislature  he 
shall  submit  to  the  Senate  and  House  of  Delegates  fair  and  accurate 
copies  of  all  accounts  by  him  from  time  to  time  rendered  and  settled 
with  the  Comptroller.  He  shall  at  all  times  submit  to  the  Comp- 
troller, the  inspection  of  the  moneys  in  his  hands,  and  perform  all 
other  duties  that  shall  be  prescribed  by  law. 

ARTICLE  Nil.— Su7idry  Officers. 

Sec.  1.  At  the  first  general  election  of  Delegates  to  the  General 
Assembly,  after  the  adoption  of  this  Constitution,  four  Commis- 
sioners shall  be  elected  as  hereinafter  provided,  who  shall  be  styled 
"  Commissioners  of  Public  Works,"  and  who  shall  exercise  a  dili- 
gent and  faithful  supervision  of  all  public  works,  in  which  the  State 
may  be  interested  as  stockholder  or  creditor,  and  shall  represent  the 
State  in  all  meetings  of  the  stockholders,  and  shall  appoint  the 
Directors  in  every  Rail  Road  or  Canal  Company,  in  which  the  State 
has  the  constitutional  power  to  appoint  Directors.  It  shall  also  be 
the  duty  of  the  Commissioners  of  Public  Works  to  review,  from 
time  to  time,  the  rate  of  tolls  adopted  by  any  company ;  use  all 
legal  powers  which  they  may  possess  to  obtain  the  establish- 
ment of  rates  of  tolls,  which  may  prevent  an  injurious  competi- 
tion with  each  other,  to  the  detriment  of  the  interests  of  the  State ; 
and  so  to  adjust  them  as  to  promote  the  agriculture  of  the  State. 
It  shall  also  be  the  duty  of  the  said  Commissioners  of  Public 
Works  to  keep  a  journal  of  their  proceedings  ;  and  at  each  regular 
session  of  the  Legislature  to  make  to  it  a  report,  and  to  recom- 
mend such  legislation  as  they  shall  deem  necessary  and  requisite 
to  promote  or  protect  the  interest  of  the  State  in  the  Public  Works ; 
and  perform  such  other  duties  as  may  be  prescribed  by  law. 
They  shall  each  receive  such  salary  as  may  be  allowed  by  law, 
which  shall  not  be  increased  or  diminished  during  their  continuance 
in  office. 


242/  CONSTITUTION    OF 


2.  For  the  election  of  the  Commissioners  of  Public  Works,  the 
State  shall  be  divided  into  four  districts.  The  counties  of  Allegany, 
Washington,  Frederick,  Carroll,  Baltimore  and  Harford,  shall  con- 
stitute the  first  district.  The  counties  of  Montgomery,  Howard, 
Anne  Arundel,  Calvert,  St.  Mary's,  Charles  and  Prince  George's, 
shall  constitute  the  second  district.  Baltimore  city  shall  constitute 
the  third  district.  The  counties  of  Cecil,  Kent,  Queen  Anne's,  Tal- 
bot, Caroline,  Dorchester,  Somerset,  and  Worcester,  shall  constitute 
the  fourth  district.  One  commissioner  shall  be  elected  in  each  dis- 
trict, who  shall  have  been  a  resident  thereof  at  least  five  years  next 
preceding  his  election. 

3.  The  said  Commissioners  shall  be  elected  by  the  qualified  voters 
of  their  districts  respectively ;  the  returns  of  their  election  shall  be 
certified  to  the  Governor,  who  shall,  by  proclamation,  declare  the 
result  of  the  election.  Two  of  the  said  commissioners,  first  elected, 
shall  hold  their  office  for  four  years,  and  the  other  two  for  two  years 
from  the  first  Monday  of  December  next  succeeding  their  election. 
And  at  the  first  meeting  after  their  election,  or  as  soon  thereafter  as 
practicable,  they  shall  determine,  by  lot,  who  of  their  number  shall 
hold  their  offices  for  four  and  two  years  respectively ;  and  thereafter 
there  shall  be  elected  as  aforesaid,  at  each  general  election  of  Dele- 
gates, two  commissioners  for  the  term  of  four  years,  to  be  taken 
from  the  districts  respectively  wherein  the  commissioners  resided  at 
the  time  of  their  election,  whose  term  of  service  has  expired.  And 
in  case  of  a  vacancy  in  the  office  of  either  of  said  commissioners,  by 
death,  resignation,  or  otherwise,  the  Governor,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  shall  appoint  some  qualified  person 
from  the  same  district,  to  serve  until  the  next  general  election  of 
Delegates,  when  an  election  shall  be  held,  as  aforesaid,  for  a  com- 
missioner for  the  residue  of  said  term.  And  in  case  of  an  equal 
division  in  the  Board  of  Commissioners,  on  any  subject  committed 
to  their  charge,  the  Treasurer  of  the  State  shall  have  power,  and 
shall  be  called  on  to  decide  the  same.  And  in  the  event  of  a  tie 
vote  for  any  two  of  the  candidates  for  the  office  of  commissioner  in 
the  same  district,  it  shall  be  the  duty  of  the  Governor  to  commission 
one  or  the  other  of  the  candidates  having  the  equal  number  of  votes. 
And  if  the  Governor  doubt  the  legality  or  result  of  any  election 
held  for  said  commissioners,  it  shall  be  his  duty  to  send  the  returns 
of  such  election  to  the  House  of  Delegates,  who  shall  judge  of  the 
election  and  qualification  of  the  candidates  at  such  election. 

4.  During  the  continuance  of  the  lottery  system  in  this  State, 
there  shall  be  elected  by  the  legal  and  qualified  voters  of  the  State, 
at  every  general  election  for  delegates  to  the  General  Assembly,  one 
Commissioner  of  Lotteries,  who  shall  hold  his  office  for  two  years, 
and  till  the  qualification  of  his  successor,  and  shall  be  re-eligible. 
His  whole  compensation  shall  be  paid  out  of  the  fund  raised  for  the 
Maryland  Consolidated  Lottery  grants,  and  shall  not  exceed  the 
amount  of  commissions  received  by  one  of  the  present  Lottery  Com- 


MARYLAND.  g  242 


missioners,  out  of  said  fund ;  and  he  shall  give  such  bond,  for  the 
faithful  performance  of  his  duties  as  is  now  given  by  the  Lottery 
Commissioners.  The  term  of  the  Commisstoner,  who  shall  be 
elected  at  the  general  election  for  Delegates  next  succeeding  the 
adoption  of  this  Constitution,  shall  commence  at  the  expiiation  of 
the  commissTons  of  the  present  Lottery  Commissioners,  and  conti- 
nue for  two  years,  and  till  the  qualification  of  his  successor. 

5.  From  and  after  the  first  day  of  April,  eighteen  hundred  and 
fifty-nine,  no  lottery  scheme  shall  be  drawn,  for  any  purpose  what- 
ever, nor  shall  any  lottery  ticket  be  sold  in  this  State ;  and  it  shall 
be  the  duty  of  the  several  commissioners  elected  under  this  Consti- 
tution, to  make  such  contract  or  contracts  as  will  extinguish  all  ex- 
isting lottery  grants  before  the  said  first  day  of  April,  eighteen  hun- 
dred and  fifty-nine,  and  also  secure  to  the  State  a  clear  yearly  re- 
venue equal  to  the  average  amount  derived  by  the  State  fiom  the 
system  for  the  last  five  years;  but  ho  such  contract  or  contracts 
shall  be  valid  until  approved  by  the  Treasurer  and  Comptroller. 

6.  There  shall  be  a  Commissioner  of  the  Land  Office  elected  by 
the  qualified  voters  of  the  State,  at  the  first  general  election  of  De- 
legates to  the  Assembly  after  the  ratification  of  this.  Constitution, 
who  shall  hold  his  office  for  the  term  of  six  years  from  the  first  day 
of  January  next  after  his  election.  The  returns  of  said  election 
shall  be  made  to  the  Governor,  and  in  the  event  of  a  tie  between 
any  two  or  more  candidates,  the  Governor  shall  direct  a  new  elec- 
tion to  be  held  by  writs  to  the  several  sheriffs,  who  shall  hold  said 
election  after  at  least  twenty  days  notice,  exclusive  of  the  day  of 
election.  The  said  Commissioner  •shall  sit  as  judge  of  the  Land 
Office,  and  receive  therefore  the  sum  of  two  hundred  dollars  per 
annum,  to  be  paid  out  of  the  State  Treasury.  He  shall  also  per- 
form the  duties  of  the  Register  of  the  Land  Office,  and  be  entitled 
to  receive  therefore  the  fees  How  chargeable  in  said  office ;  and  he 
shall  also  perform  the  duties  of  Examiner  General,  and  be  entitled 
to  receive  therefore  the  fees  now  chargeable  by  said  officer.  The 
office  of  Register  of  the  Land  Office  and  Examiner  General  shall  be 
abolished  from  and  after  the  election  and  qualification  of  the  Com- 
missioner of  the  Land  Office. 

7  The  State  Librarian  shall  be  elected  by  the  joint  vote  of  the 
two  branches  of  the  Legislature,  for  two  years,  and  until  his  suc- 
cessor shall  be  elected  and  qualified.  His  salary  shall  be  one  thou- 
sand dollars  per  annum.  He  shall  perform  such  duties  as  are  now 
or  may  hereafter  be  prescribed  by  law. 

8.  The  county  authorities  now  known  as  Levy  Courts  or  County 
Commissioners,  shall  hereafter  be  styled  "  County  Commissioners," 
and  shall  be  elected  by  general  ticket,  and  not  by  districts,  by  the 
voters  of  the  several  counties,  on  the  first  Wednesday  in  November, 
one  thousand  eight  hundred  and  fifty-one,  and  on  the  same  day  in 
every  second  year  thereafter.  Said  Commissioners  shall  exercise 
such  powers  and  duties  only  as  the  Legislature  may  from  time  to 


242^  CONSTITUTION    OF 


time  prescribe;  but  such  powers  and  duties,  and  the  tenure  of 
office,  shall  be  uniform  throughout  the  State,  and  the  Legislature 
shall,  at  or  before  its  second,  regular  session,  after  the  adoption  of 
this  Constitution,  pass  such  laws  as  may  be  necessary  for  determin- 
ing the  number  for  each  county,  and  ascertaining  and  defining  the 
powers,  duties,  and  tenure  of  office  of  said  Commissioners ;  and  until 
the  passage  of  such  laws  the  Commissioners  elected  under  this  Con- 
stitution shall  have  and  exercise  all  the  powers  and  duties  in  their 
respective  counties,  now  exercised  by  the  county  authorities  under 
the  laws  of  the  State. 

9.  The  General  Assembly  shall  provide  by  law  for  the  election 
of  Road  Supervisors,  in  the  several  counties,  by  the  voters  of  the 
election  districts  respectively,  and  may  provide  by  law  for  the  elec- 
tion or  appointment  of  such  other  county  officers  as  may  be  re- 
quired, and  are  not  herein  provided  for,  and  prescribe  their  powers 
and  duties ;  but  the  tenure  of  office,  their  powers  and  duties,  and 
mode  of  appointment,  shall  be  uniform  throughout  the  State. 

10.  The  qualified  voters  of  each  county,  and  the  city  of  Baltimore, 
shall,  at  the  first  election  of  delegates  after  the  adoption  of  this  Con- 
stitution, and  every  two  years  thereafter,  elect  a  Surveyor  for  the 
counties,  and  the  city  of  Baltimore  respectively,  whose  duties  and 
compensation  shall  be  the  same  as  are  now  prescribed  by  law  for 
the  county  and  city  surveyors  respectively,  or  as  may  hereafter  be 
prescribed  by  law.  The  term  of  office  of  said  county  and  city  sur- 
veyors respectively,  shall  commence  on  the  first  Monday  of  January 
next  succeeding  their  election.  And  vacancies  in  said  office  of  sur- 
veyors, by  death,  resignation,  or  removal  from  their  respective 
counties  or  city,  shall  be  filled  by  the  Commissioners  of  the  coun- 
ties, or  Mayor  and  City  Council  of  Baltimore  respectively. 

11.  The  qualified  voters  of  Worcester  county  shall,  at  the  first 
election  of  delegates  after  the  adoption  of  this  Constitution,  and 
every  two  years  thereafter,  elect  a  Wreck-Master  for  the  said  county, 
whose  duties  and  compensation  shall  be  the  same  as  are  now  pres- 
cribed or  may  be  hereafter  prescribed  by  law.  The  term  of  office 
of  said  Wreck-Master  shall  commence  on  the  first  Monday  of 
January  next  succeeding  his  election ;  and  a  vacancy  in  said  office, 
by  death,  resignation,  or  removal  from  the  county,  shall  be  filled  by 
the  county  commissioners  of  said  county,  for  the  residue  of  the 
term  thus  made  vacant. 

AETICLE  Ym.—New  Counties. 

Sec.  1.  That  part  of  Anne  Arundel  county  called  Howard  Dis- 
trict, is  hereby  erected  into  a  new  county,  to  be  called  Howard 
county,  the  inhabitants  whereof  shall  have,  hold  and  enjoy  all  such 
rights  and  privileges  as  are  held  and  enjoyed  by  the  inhabitants  of 
the  other  counties  in  this  State ;  and  its  civil  and  municipal  officers, 
at  the  time  of  the  ratification  of  this  Constitution,  shall  continue  in 
office  until  their  successors  shall  have  been  elected  or  appointed, 


MARYLAND.  1 242 


and  shall  have  qualified  as  such ;  and  all  rights,  powers  and  obliga- 
tions incident  to  Howard  District  of  Anne  Arundel  county  shall 
attach  to  Howard  county. 

2.  When  that  part  of  Allegany  county,  lying  south  and  west  of  a 
line  beginning  at  the  summit  of  Big  Back  Bone  or  Savage  Moun- 
tain, where  that  mountain  is  crossed  by  Mason  and  Dixon's  line, 
and  running  thence  by  a  straight  line,  to  the  middle  of  Savage  river 
where  it  empties  into  the  Potomac  river,  thence  by  a  straight  line, 
to  the  nearest  point  or  boundary  of  the  State  of  Virginia  ;  then  with 
said  boundary  to  the  Fairfax  stone,  shall  contain  a  population  of  ten 
thousand,  and  the  majority  of  electors  thereof  shall  desire  to  separate 
and  form  a  new  county,  and  make  known  their  desire  by  petition  to 
the  Legislature,  the  Legislature  shall  direct  at  the  next  succeeding 
election,  that  the  Judges  shall  open  a  book  at  each  election  district 
in  said  part  of  Allegany  county,  and  have  recorded  therein  the  vote 
of  each  elector  "  For  or  Against"  a  new  county.  In  case  the  ma- 
jority are  in  favor,  then  said  part  of  Allegany  county  to  be  de- 
clared an  independent  county,  and  the  inhabitants  whereof  shall  have, 
and  enjoy  all  such  rights  and  privileges  as  are  held  and  enjoyed  by 
the  inhabitants  of  the  other  counties  in  this  State.  Provided,  that 
the  whole  representation  in  the  General  Assembly  of  the  county, 
when  divided,  shall  not  exceed  the  present  delegation  of  Allegany 
county,  allowed  under  this  Constitution  until  after  the  next  census. 

ARTICLE  IX.— Militia. 

Sec.  L  It  shall  be  the  duty  of  the  Legislature  to  pass  laws  for 
the  enrolment  of  the  Militia ;  to  provide  for  districting  the  State 
into  Divisions,  Brigades,  Battalions,  Regiments,  and  Companies, 
and  to  pass  laws  for  the  effectual  encouragement  of  volunteer  corps 
by  some  mode  which  n?iay  induce  the  formation  and  continuance  of 
at  least  one  volunteer  company  in  every  county  and  division  in  the 
city  of  Baltimore.  The  company,  battalion,  and  regimental  officers 
(staff  officers  excepted)  shall  be  elected  by  the  persons  composing 
their  several  companies,  battalions  and  regiments. 

2.  The  Adjutant  General  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate.  He  shall  hold  his 
office  for  the  term  of  six  years,  and  receive  the  same  salary  as  here- 
tofore, until  changed  by  the  Legislature. 

ARTICLE  X. — Miscellaneous. 

Sec.  1.  Every  officer  of  this  State,  the  Governor  excepted,  the 
entire  amount  of  whose  pay  or  compensation  received  for  the  dis- 
charge of  his  official  duties  shall  exceed  the  yearly  sum  of  three 
thousand  dollars,  shall  keep  a  book,  in  which  shall  be  entered  every 
sum  or  sums  of  money  received  by  him  or  on  his  account  as  a  pay- 
ment or  compensation  for  his  performance  of  official  duties,  a  copy 
of  which  entries  in  said  book,  verified  by  the  oath  of  the  officer  by 
whom  it  is  directed  to  be  kept,  shall  be  returned  yearly  to  the  Trea- 


242^*  CONSTITUTION    OF 


surer  of  the  State  for  his  inspection  and  that  of  the  General  As- 
sembly of  Maryland ;  and  each  of  ^uch  officers,  when  the  amount 
received  by  him  for  the  year  shall  exceed  the  sum  of  three  thousand 
dollars,  shall  yearly  pay  over  to  the  treasurer  the  amount  of  such 
excess  by  him  received,  subject  to  such  disposition  thereof  as  the 
Legislature  may  deem  just  and  equitable.  And  any  such  officer 
failing  to  comply  with  the  said  requisition,  shall  be  deemed  to  have 
vacated  his  office,  and  be  subject  to  suit  by  the  State  for  the  amount 
that  ought  to  have  been  paid  into  the  treasury. 

2.  The  Legislature  shall  have  power  to  pass  all  such  laws  as  may 
be  necessary  and  proper  for  carrying  into  execution  the  powers 
vested  by  this  Constitution,  in  any  department  or  office  of  the  Go- 
vernment, and  the  duties  imposed  upon  them  thereby. 

3.  If  in  any  election  directed  by  this  Constitution  any  two  or  more 
candidates  shall  have  the  highest  and  an  equal  number  of  votes,  a 
new  election  shall  be  ordered,  unless  in  cases  specially  provided  for 
by  the  Constitution. 

4.  The  trial  by  jury  of  all  issues  of  fact  in  civil  proceedings,  in 
the  several  courts  of  law  in  this  State,  where  the  amount  in  con- 
troversy exceeds  the  sum  of  five  dollars,  shall  be  inviolably  pre- 
served. 

5.  In  the  trial  of  all  criminal  cases  the  jury  shall  be  the  judges  of 
law  as  well  as  fact. 

6.  The  Legislature  shall  have  power  to  regulate  by  law  all  mat- 
ters which  relate  to  the  judges,  time,  place  and  manner  of  holding 
elections  in  this  State,  and  of  making  returns  thereof,  provided  that 
the  tenure  and  term  of  office,  and  the  day  of  election  shall  not  be 
affected  thereby. 

7.  All  rights  vested,  and  all  liabilities  incurred  shall  remain  as  if 
this  Constitution  had  not  been  adopted. 

8.  The  Governor  and  all  officers,  civil  and  military,  now  holding 
commissions  under  this  State  shall  continue  to  hold  and  exercise 
their  offices,  according  to  their  present  tenure,  until  they  shall  be 
superseded,  pursuant  to  the  provisions  of  this  Constitution,  and  until 
their  successors  be  duly  qualified. 

9.  The  sheriffs  of  the  several  counties  of  this  State,  and  of  the 
city  of  Baltimore,  shall  give  notice  of  the  several  elections  autho- 
rized by  this  Constitution,  in  the  manner  prescribed  by  existing  laws 
for  elections  under  the  present  Constitution. 

10.  This  Constitution,  if  adopted  by  a  majority  of  the  legal  votes 
cast  on  the  first  Wednesday  of  June  next,  shall  go  into  operation  on 
the  fourth  day  of  July  next,  and  on  and  after  said  day  shall  super- 
sede the  present  Constitution  of  this  State. 

ARTICLE  XI. — Amendment  of  the  Constitution. 

It  shall  be  the  duty  of  the  Legislature,  at  its  first  session  imme- 
diately succeeding  the  returns  of  every  census  of  the  United  States, 
hereafter  taken,  to  pass  a  law  for  ascertaining,  at  the  next  general 


MARYLAND.  ^242 


election  of  Delegates,  the  sense  of  the  people  of  Maryland  in  regard 
to  the  calling  a  Convention  for  altering  the  Constitution ;  and  in 
case  the  majority  of  votes  cast  at  said  election  shall  be  in  favor  of 
.calling  a  Convention,  the  Legislature  shall  provide  for  assembling 
such  Convention,  and  electing  Delegates  thereto  at  the  earliest  con- 
venient day;  and  the  Delegates  to  the  said  Convention  shall  be 
elected  by  the  several  counties  of  the  State  and  the  city  of  Balti- 
more, in  proportion  to  their  representation  respectively  in  the 
Senate  and  House  of  Delegates,  at  the  time  when  said  Convention 
may  be  called. 


VIRGINIA. 


Of  the  original  thirteen  colonies,  this  was  the  largest.  It  was  named  Vir- 
ginia by  Sir  Walter  Raleigh,  in  honor  of  Elizabeth,  the  Virgin  Clueen  of  Eng- 
land, who  had  granted  him  the  country.  He  attempted  to  settle  it,  but  failed.  A 
grant  was  made  of  it  to  the  London  Company  as  early  as  1606.  Soon  after, 
they  sent  out  three  ships  with  one  hundred  and  five  persons  to  begin  a  settle- 
ment. They  located  themselves  at  Jamestown,  on  the  James  river,  in  1607. 
These  adventurers  sufiered  much  for  want  of  provisions,  and  in  four  months 
from  the  time  of  their  landing,  fifty  of  their  little  company  had  perished.  In 
1608,  120  new  settlers  arrived.  In  1609,  the  London  Company  obtained  a  new 
charter,  with  greater  power  and  privileges.  When  Charles  11.  was  in  exile,  Va. 
invited  him  to  become  her  King,  which  was  prevented  by  his  returning  to  Eng- 
land ;  hence  Va.  was  called  the  old  dominion.  In  1619,  the  first  legislative  body 
ever  held  in  America,  met  at  Jamestown.  As  many  had  become  dissatisfied, 
and  contemplated  returning  to  England,  the  London  Company,  in  1620,  sent 
orer  more  than  ninety  girls  to  be  disposed  of  as  wives  among  the  young  plant- 
ers. At  first  the  price  was  100  lbs.  of  tobacco  each,  but  the  demand  was  so 
great,  that  it  was  increased  to  160  lbs.  The  infant  colony  sufiered  much  from 
the  Indians,  and  for  want  of  provisions ;  so  that,  in  1624,  out  of  about  9000 
persons  who  had  come  over,  only  1800  were  living. 

In  1624  King  James  dissolved  the  London  Company,  assumed  the  govern- 
ment, and  appointed  a  Governor.  The  colonists  submitted  reluctantly  to  this 
till  1636,  when  they  took  the  government  into  their  own  hands,  sending  back 
to  England  the  Governor  appointed  by  the  King.  This  State  adopted  its  first 
Constitution  in  1776,  the  second  in  1830,  the  present  one  in  1851. 

Virginia  has  the  honor  of  being  the  birth-place  of  six  of  the  Presidents  of 
the  United  States,  viz. :  Washington,  Jefferson,  Madison,  Monroe,  Harrison, 
and  Tyler. 

Area,  64,000  sq.  m.  Pop.  in  1850,  1,421,081,  of  which  473,026  are  slaves. 
Free  colored,  53,906. 


244  CONSTITUTION    OF 


BILL   OF   RIGHTS. 

[Passed  June  12,  1776.] 

ADOPTED    WITHOUT    ALTERATION    BY  THE  CONVENTION  OF    1829-'30,  AND 

RE-ADOPTED  WITH  AMENDMENTS  BY  THE  CONVENTION  OF  1850-'51. 

A  Declaration  of  Rights  made  by  the  Representatives  of  the  good  peo- 
ple of  Virginia^  assembled  in  full  and  free  Convention^  which  rights 
do  pertain  to  them  and  their  posterity  as  the  basis  and  foundation 
of  government. 

1.  That  all  men  are  by  nature  equally  free  and  independent,  and 
have  certain  inherent  rights,  of  which,  when  they  enter  into  a  state 
of  society,  they  cannot,  by  any  compact,  deprive  or  divest  their  pos- 
terity ;  namely,  the  enjoyment  of  life  and  liberty,  with  the  means 
of  acquiring  and  possessing  property,  and  pursuing  and  obtaining 
happiness  and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived  from  the 
people ;  that  magistrates  are  their  trustees  and  servants,  and  at  all 
times  amenable  to  them. 

3.  That  government  is,  or  ought  to  be  instituted  for  the  common 
benefit,  protection  and  security  of  the  people,  nation  or  community : 
of  all  the  various  modes  and  forms  of  government,  that  is  best 
which  is  capable  of  producing  the  greatest  degree  of  happiness  and 
safety,  and  is  most  effectually  secured  against  the  dangei;  of  mal-ad- 
ministration ;  and  that,  when  any  government  shall  be  found  inade- 
quate or  contrary  to  these  purposes,  a  majority  of  the  community 
hath  an  indubitable,  unalienable  and  indefeasible  right  to  reform, 
alter  or  abolish  it,  in  such  manner  as  shall  be  judged  most  conducive 
to  the  public  weal. 

4.  That  no  man,  or  set  of  men  are  entitled  to  exclusive  or  sepa- 
rate emoluments  or  privileges  from  the  community,  but  in  conside- 
ration of  public  services,  which,  not  being  descendible,  neither  ought 
the  offices  of  magistrate,  legislator  or  judge  to  be  hereditary. 

5.  That  the  legislative,  executive  and  judicial  powers  should  be 
separate  and  distinct ;  and  that  the  members  thereof  may  be  re- 
strained from  oppression,  by  feeling  and  participating  the  burthens 
of  the  people,  they  should,  at  fixed  periods,  be  reduced  to  a  private 
station,  return  into  that  body  from  which  they  were  originally  taken, 
and  the  vacancies  be  supplied  by  frequent,  certain  and  regular  elec- 
tions,  in  which  all,  or  any  part  of  the  former  members  to  be  again 
eligible  or  ineligible,  as  the  laws  shall  direct. 

6.  That  all  elections  ought  to  be  free,  and  that  all  men  having 
sufficient  evidence  of  permanent  common  interest  with,  and  attach- 
ment to,  the  community,  have  the  right  of  suffrage,  and  cannot  be 
taxed  or  deprived  of  their  property  for  public  uses,  without  their 
own  consent,  or  that  of  their  representatives  so  elected,  nor  bound 
by  any  law  to  which  they  have  not,  in  like  manner,  assented,  for  the 
public  good 

7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws,  by 


VIRGINIA.  245 

. .^ J 

any  authority,  without  consent  of  the  representatives  of  the  people, 
is  injurious  to  their  rights,  and  ought  not  to  be  exercised. 

8.  That,  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right 
to  demand  the  cause  and  nature  of  his  accusation,  to  be  confronted 
with  the  accusers  and  witnesses,  to  call  for  evidence  in  his  favor,  and 
to  a  speedy  trial  by  an  impartial  jury  of  twelve  men  of  his  vicinage, 
without  whose  unanimous  consent  he  cannot  be  found  guilty ;  nor 
can  he  be  compelled  to  give  evidence  against  himself;  that  no  man  j 
be  deprived  of  his  liberty,  except  by  the  law  of  the  land  or  the  I 
judgment  of  his  peers. 

9.  That  excessive  bail  ought  not  to  be  required,  nor  excessite 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

10.  That  general  warrants,  whereby  an  officer  or  messenger  may 
be  commanded  to  search  suspected  places  without  evidence  of  a  fact 
committed,  or  to  seize  any  person  or  persons  not  named,  or  whose 
offence  is  not  particularly  described  and  supported  by  evidence,  are 
grievous  and  oppressive,  and  ought  not  to  be  granted. 

11.  That,  in  controversies  respecting  property,  and  suits  between 
man  and  man,  the  ancient  trial  by  jury  of  twelve  men  is  preferable 
to  any  other,  and  ought  to  be  held  sacred. 

12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  can  never  be  restrained  but  by  despotic  governments. 

13.  That  a  well  regulated  militia,  composed  of  the  body  of  the 
people,  trained  to  arms,  is  the  proper,  natural  and  safe  defence  of  a 
free  state  ;  that  standing  armies,  in  time  of  peace,  should  be  avoided 
as'  dangerous  to  liberty ;  and  that  in  all  cases  the  military  should  be 
under  strict  subordination  to  and  governed  by  the  civil  power. 

14.  That  the  people  have  a  right  to  uniform  government ;  and 
therefore,  that  no  government  separate  from,  or  independent  of,  the 
government  of  Virginia,  ought  to  be  erected  or  established  within 
the  limits  thereof. 

15.  That  no  ftee  government,  or  the  blessing  of  liberty,  can  be 
preserved  to  any  people,  but  by  a  firm  adherence  to  justice,  mo- 
deration, temperance,  frugality  and  virtue,  and  by  a  frequent  recur- 
rence to  fundamental  principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and 
the  manner  of  discharging  it,  can  be  directed  only  by  reason  and 
conviction,  not  by  force  or  violence;  and  therefore  all  men  are 
equally  entitled  to  the  free  exercise  of  religion,  according  to  the 
dictates  of  conscience ;  and  that  it  is  the  mutual  duty  of  all  to  prac- 
tice christian  forbearance,  love  and  charity  towards  each  other. 

CONSTITUTION. 

Whereas,  the  Delegates  and  Representatives  of  the  good  people 
of  Virginia,  in  Convention  assembled,  on  the  twenty-ninth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sev- 
enty-six: reciting  and  declaring,  that  whereas,  George  the  Third, 
18 


246  CONSTITUTION    OF 

« ' ■ 

king  of  Great  Britain  and  Ireland  and  Elector  of  Hanover,  before  that 
time  entrusted  with  the  exercise  of  the  kingly  office  in  the  government 
of  Virginia,  had  endeavored  to  pervert  the  same  into  a  detestable  and 
insupportable  tyranny,  by  putting  his  negative  on  laws  the  most 
wholesome  and  necessary  for  the  public  good;  by  denying  his 
governors  permission  to  pass  laws  of  immediate  and  pressing  import- 
ance, unless  suspended  in  their  operation  for  his  assent,  and  when  so 
suspended  neglecting  to  attend  to  them  for  many  years ;  by  refusing 
to  pass  certain  other  laws,  unless  the  persons  to  be  benefited  by 
them  would  relinquish  the  inestimable  right  of  representation  in  the 
le''gislature  ;  by  dissolving  legislative  assemblies  repeatedly  and  con- 
tinually, for  opposing  with  manly  firmness  his  invasions  of  the  rights 
of  the  people;  when  dissolved,  by  refusing  to  call  others  for  a  long 
space  of  time,  thereby  leaving  the  political  system  without  any  legis- 
lative head ;  by  endeavoring  to  prevent  the  population  of  our  coun- 
try, and  for  that  purpose  obstructing  the  laws  for  the  naturalization 
of  foreigners ;  by  keeping  among  us,  in  time  of  peace,  standing  armies 
and  ships  of  war ;  by  affecting  to  render  the  military  independent 
of  and  superior  to  the  civil  power ;  by  combining  with  others  to 
subject  us  to  a  foreign  jurisdiction,  giving  his  assent  to  their  pre- 
tended acts  of  legislation,  for  quartering  large  bodies  of  armed  troops 
among  us,  for  cutting  off  our  trade  with  all  parts  of  the  world,  for 
imposing  taxes  on  us  without  our  consent,  for  depriving  us  of  the 
benefits  of  the  trial  by  jury,  for  transporting  us  beyond  seas  to  be 
tried  for  pretended  offences,  for  suspending  our  own  legislatures  and 
declaring  themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever ;  by  plundering  our  seas,  ravaging  our  coasts,  burn- 
ing our  towns,  and  destroying  the  lives  of  our  people  ;  by  inciting 
insurrections  of  our  fellow  subjects  with  the  allurements  of  forfeiture 
and  confiscation ;  by  prompting  our  negroes  to  rise  in  arms  among 
us,  those  very  negroes,  whom  by  an  inhuman  use  of  his  negative  he 
had  refused  us  permission  to  exclude  by  law ;  by  endeavoring  to 
bring  on  the  inhabitants  of  our  frontiers  the  merciless  Indian  savages, 
whose  known  rule  of  warfare  is  an  undistinguished  destruction  of 
all  ages,  sexes  and  conditions  of  existence ;  by  transporting  hither  a 
large  army  of  foreign  mercenaries,  to  complete  the  work  of  death, 
desolation  and  tyranny,  then  already  begun,  with  circumstances  of 
cruelty  and  perfidy,  unworthy  the  head  of  a  civilized  nation ;  by 
answering  our  repeated  petitions  for  redress  with  a  repetition  of  inju- 
ries ;  and  finally,  by  abandoning  the  helm  of  government,  and  decla- 
ring us  out  of  his  allegiance  and  protection ;  by  which  several  acts 
of  misrule,  the  government  of  this  country  as  before  exercised  under 
the  crown  of  Great  Britain,  was  totally  dissolved :  did,  therefore, 
having  maturely  considered  the  premises,  and  viewing  with  gi*eat 
concern  the  deplorable  condition  to  which  this  once  happy  country 
would  be  reduced,  unless  some  regular  adequate  mode  of  civil  polity 
should  be  speedily  adopted,  and  in  cdmpliance  with  the  recommen- 


VIRGINIA.  247 


dation  of  the  general  Congress,  ordain  and  declare  a  form  of  govern- 
ment of  Virginia : 

And  whereas,  a  Convention  held  on  the  first  Monday  in  October, 
in  the  year  one  thousand  eight  hundred  and  twenty-nine,  did  propose 
to  the  people  of  the  commonwealth  an  amended  Constitution  or 
form  of  government,  which  was  ratified  by  them : 

And  whereas,  the  General  Assembly  of  Virginia,  by  an  act  passed 
on  the  fourth  of  March,  in  the  year  one  thousand  eight  hundred  and 
fifty,  did  provide  for  ,the  election,  by  the  people,  of  delegates  to  meet 
in  general  convention,  to  consider,  discuss  and  propose  a  new  Con- 
stitution or  alterations  and  amendments  to  the  existing  Constitution 
of  this  Commonwealth ;  and  by  an  act,  passed  on  the  thirteenth  of 
March,  in  the  year  one  thousand  eight  hundred  and  fifty-one,  did  fur- 
ther provide  for  submitting  the  same  to  the  people  for  ratification  or 
rejection : 

We,  therefore,  the  Delegates  of  the  good  people  of  Virginia, 
elocted  and  in  Convention  assembled,  in  pursuance  of  said  acts,  do 
propose  to  the  people  the  following  Constitution  and  Form  of  Gov- 
ernment for  this  Commonwealth : 

ARTICLE  \.— Bill  of  Rights, 

The  Declaration  of  Rights,  as  amended  and  prefixed  to  this  Con- 
stitution, shall  have  the  same  relation  thereto  as  it  had  to  the  former 
Constitution. 

ARTICLE  II.— Division  of  Powers. 

The  Legislative,  Executive  and  Judiciary  Departments  shall  be 
separate  and  distinct,  so  that  neither  exercise  the  powers  properly 
belonging  to  either  of  the  others  ;  nor  shall  any  person  exercise  the 
powers  of  more  than  one  of  them  at  the  same  time,  except  that 
justices  of  the  peace  shall  be  eligible  to  either  House  of  Assembly, 

ARTICLE  III— Qualification  of  Voters. 

1.  Every  white  male  citizen  of  the  Commonwealth,  of  the  age  of 
twenty-one  years,  who  has  been  a  resident  of  the  State  for  two  years, 
and  of  the  county,  city  or  town  where  he  offers  to  vote  for  twelve 
months  next  preceding  an  election,  and  no  other  person,  shall  be 
qualified  to  vote  for  members  of  the  General  Assembly  and  all  offi- 
cers elective  by  the  people :  but  no  person  in  the  military,  naval  or 
marine  service  of  the  United  States  shall  be  deemed  a  resident  of 
this  State,  by  reason  of  being  stationed  therein.  And  no  person 
shall  have  the  right  to  vote,  who  is  of  unsound  mind,  or  a  pauper, 
or  a  non-commissioned  officer,  soldier,  seaman  or  marine  in  the  ser- 
vice of  the  United  States,  or  who  has  been  convicted  of  bribery  in 
an  election,  or  of  any  infamous  offence. 

2.  The  General  Assembly  at  its  first  session  after  the  adoption  of 
this  Constitution,  and  afterwards  as  occasion  may  require,  shall  cause 
every  city  or  town,  the  white  population  of  which  exceeds  five  thou- 


248  CONSTITUTION    OF 


sand,  to  be  laid  off  into  convenient  wards,  and  a  separate  place  of 
voting  to  be  established  in  each,  and  thereafter  no  inhabitant^  of  such 
city  or  town  shall  be  allowed  to  vote  except  in  the  ward  in  which  he 
resides. 

3.  No  voter  during  the  time  for  holding  any  election  at  which  he 
is  entitled  to  vote,  shall  be  compelled  to  perform  military  service, 
except  in  time  of  war  or  public  danger ;  to  work  upon  the  public 
roads,  or  to  attend  any  court  as  suitor,  juror  or  witness ;  and  no 
voter  shall  be  subject  to  arrest  under  any  civil  process  during  his 
attendance  at  elections,  or  in  going  to  and  returning  from  them. 

4.  In  all  elections  votes  shall  be  given  openly,  or  viva  voce,  and 
not  by  ballot.  But  dumb  persons,  entitled  to  suffrage,  may  vote  by 
ballot. 

'  ARTICLE  IV. — Legislative  Department. 

1.  The  Legislature  shall  be, formed  of  two  distinct  branches,  which 
together  shall  be  a  complete  Legislature,  and  shall  be  called  the  Gen-  ■ 
eral  Assembly  of  Virginia. 

HOUSE    OF    DELEGATES. 

2.  One  of  these  shall  be  called  the  House  of  Delegates,  and  shall 
consist  of  one  hundred  and  fifty-two  members,  to  be  chosen  biennially 
for  and  by  the  several  counties,  cities,  and  towns  of  the  Common- 
wealth, and  distributed  and  apportioned  as  follows : 

The  Counties  of  Augusta  and  Rockingham  and  the  city  of  Rich- 
mond shall  each  elect  three  delegates : 

The  Counties  of  Albemarle,  Bedford,  Berkeley,  Campbell,  Fau- 
quier, Franklin,  Frederick,  Halifax,  Hampshire,  Harrison,  Jefferson, 
Kanawha,  Loudoun,  Marion,  Monongalia,  Monroe,  Norfolk,  Pittsyl- 
vania, Preston,  Rockbridge,  Shenandoah  and  Washington  shall  each 
elect  two  delegates : 

The  Counties  of  Botetourt  and  Craig  shall  together  elect  two  dele- 
gates : 

The  Counties  of  Accomac,  Alexandria,  Amherst,  Appomattox, 
Barbour,  Brunswick,  Buckingham,  Cabell,  Caroline,  Carroll,  Char- 
lotte^ ■  Chesterfield,  Clarke,  Culpepper,  Dinwiddle,  Fairfax,  Floyd, 
Fluvanna,  Giles,  Gloucester,  Goochland,  Grayson,  Greenbrier,  Hano- 
ver, Hardy,  Henrico,  Henry,  Highland,  Isle  of  Wight,  Jackson, 
King  William,  Lee,  Lewis,  Louisa,  Lunenberg,  Madison,  Marshall, 
Mason,  Mercer,  Mecklenberg,  Montgomery,  Morgan,  Nansemond, 
Nelson,  Northampton,  Page,  Patrick,  Pendleton,  Pocahontas,  Prin- 
cess Anne,  Prince  Edward,  Prince  William,  Pulaski,  Putnam,  Ran- 
dolph, Rappahannock,  Roanoke,  Scott,  Smyth,  Southampton,  Spott- 
sylvania,  Taylor,  Upshur,  Warren,  Wayne,  Wetzel,  Wood,  and 
Wythe,  and  the  cities  of  Norfolk  and  Petersburg  shall  each  elect  one 
delegate : 


VIRGINIA.  249 


The  Counties  of  Lee  and  Scott  in  addition  to  the  delegate  to  be 
elected  by  each,  shall  together  elect  one  delegate. 

The  following  counties  and  cities  shall  compose  election  districts : 
Alleghany  and  Bath :  Amelia  and  Nottoway :  Logan,  Boone  and 
Wyoming:  Braxton  and  Nicholas:  Charles  City,  James  City  and 
New  Kent :  Cumberland  and  Powhatan  :  Doddridge  and  Tyler : 
Elizabeth  City,  Warwick,  York,  and  the  City  of  Williamsburg  :  Es- 
sex, and  King  and  Queen :  Fayette  and  Raleigh :  Gilmer  and  Wirt, 
Greene  and  Orange :  Greenesville  and  Sussex :  King  George  and 
Stafford :  Lancaster  and  Northumberland  :  Matthews  and  Middle- 
sex:  Pleasants  and  Ritchie:  Prince  George  and  Surry :  and  Rich- 
mond and  Westmoreland :  each  of  which  districts  shall  elect  one 
delegate. 

At  the  first  general  election  under  this  Constitution  the  County  of 
Ohio  shall  elect  three  delegates,  and  the  Counties  of  Brooke  and 
Hancock  shall  together  elect  one  delegate;  at  the  second  general 
election  the  County  of  Ohio  shall  elect  two  delegates  and  the  Coun- 
,  ties  of  Brooke  and  Hancock  shall  each  elect  one  delegate ;  and  so  on, 
alternately,  at  succeeding  general  elections. 

At  the  first  general  election  the  County  of  Russell  shall  elect  two 
delegates,  and  the  County  of  Tazewell  shall  elect  one  delegate ;  at 
the  second  general  election  the  County  of  Tazewell  shall  elect  two 
delegates  and  the  County  of  Russell  shall  elect  one  delegate ;  and  so 
on,  alternately,  at  succeeding  general  elections. 

The  General  Assembly  shall  have  power  upon  application  of  a 
majority  of  the  voters  of  the  County  of  Campbell  to  provide,  that 
instead  of  the  two  delegates  to  be  elected  by  said  County,  the  town 
of  Lynchburgh  shall  elect  one  delegate  and  the  residue  of  the  County 
of  Campbell  shall  elect  one  delegate. 

3.  The  other  house  of  the  General  Assembly  shall  be  called  the 
Senate,  and  shall  consist  of  fifty  members,  to  be  elected  for  the  term 
of  four  years ;  for  the  election  of  whom,  the  counties,  cities,  and 
towns  shall  be  divided  into  fifty  districts.  Each  county,  city,  and 
town  of  the  respective  districts,  at  the  time  of  the  first  election  of  its 
delegate  or  delegates  under  this  Constitution,  shall  vote  for  one  Sena- 
tor, and  the  Sheriffs  or  other  officers  holding  the  election  for  each 
county,  city,  and  town,  within  five  days  at  farthest  after  the  last  elec- 
tion in  the  district,  shall  meet  at  the  Court  House  of  the  county  or 
city  first  named  in  the  district,  and  from  the  polls  so  taken  in  their 
respective  counties,  cities,  and  towns,  return  as  Senator  the  person 
who  has  received  the  greatest  number  of  votes  in  the  whole  district. 
Upon  the  assembling  of  the  Senators  so  elected,  they  shall  be  divi- 
ded into  two  equal  classes,  to  be  numbered  by  lot.  The  term  of 
service  of  the  Senators  of  the  first  class  shall  expire  with  that  of  the 
delegates  first  elected  under  this  Constitution ;  and  of  the  Senators 
of  the  second  class  at  the  expiration  of  two  years. thereafter !  and  this 
alternation  shall  be  continued,  so  that  one  half  of  the  Senators  may 
be  chosen  every  second  year. 


250  CONSTITUTION    OF 


SECTION  IV. THE  SENATE. 

I.  For  the  election  of  Senators,  the  counties  of  Accomac  and 
Northampton  shall  form  one  district : 

II.  The  City  of  Norfolk  shall  be  another  district : 

III.  The  counties  of  Norfolk  and  Princess  Anne  shall  form  another 
district : 

IV.  The  counties  of  Isle  of  Wight,  Nansemond,  and  Surry,  shall 
form  another  district : 

V.  The  counties  of  Sussex,  Southampton,  and  Greenesville,  shall 
form  another  district : 

VI.  The  City  of  Petersburg  and  the  County  of  Prince  George  shall 
form  another  district : 

VII.  The  counties  of  Dinwiddle,  Amelia,  and  Brunswick,  shall  form 
another  district : 

VIII.  The  counties  of  Powhatan,  Cumberland,  and  Chesterfield, 
shall  form  another  district : 

IX.  The  counties  of  Lunenburg,  Nottoway,  and  Prince  Edward, 
shall  form  another  district : 

X.  The  counties  of  Mecklenburg  and  Charlotte  shall  form  another 
district : 

XI.  The  county  of  Pittsylvania  shall  be  another  district : 

XII.  The  county  of  Halifax  shall  be  another  district : 

XIII.  The  counties  of  Henry,  Patrick,  and  Franklin,  shall  form 
another  district. 

XIV.  The  county  of  Bedford  shall  be  another  district : 

XV.  The  counties  of  Campbell  and  Appomattox  shall  form  another 
district : 

XVI.  The  City  of  Williamsburg,  and  the  counties  of  James  City, 
Charles  City,  New  Kent,  Yoi-k,  Elizabeth  City,  and  Warwick,  shall 
form  another  district : 

XVII.  The  counties  of  Henrico  and  Hanover  shall  form  another 
district : 

XVIII.  The  City  of  Richmond  shall  be  another  district : 

XIX.  The  counties  of  Gloucester,  Mathews,  and  Middlesex,  shall 
form  another  district : 

XX.  The  counties  of  Richmond,  Lancaster,  Northumberland  and 
Westmoreland  shall  form  another  district : 

XXI.  The  counties  of  King  and  Queen.^  King  William  and  Essex, 
shall  form  another  district : 

XXII.  The  counties  of  Caroline  and  Spottsylvania  shall  form  another 
district : 

XXIII.  The  counties  of  Stafford,  King  George,  and  Prince  William, 
shall  form  another  district : 

XXIV.  The  counties  of  Fairfax  and  Alexandria  shall  form  another 
district : 

xxv.  The  countv  of  Loudoun  shall  be  another  district : 


VIRGINIA.  251 


XXVI.  The  counties  of  Fauquier  and  Rappahannock  shall  form 
another  district : 

xxvii.  The  counties  of  Madison,  Culpeper,  Orange,  and  Greene, 
shall  form  another  district : 

XXVIII.  The  county  of  Aibermarle  shall  be  another  district : 

XXIX.  The  counties  of  Louisa,  Goochland,  and  Fluvanna,  shall  form 
another  district : 

XXX.  The  counties  of  Nelson,  Amherst,  and  Buckingham,  shall 
form  another  district : 

XXXI.  The  counties  of  Jefferson  and  Berkeley  shall  form  another 
district : 

XXXII.  The  counties  of  Hampshire,  Hardy,  and  Morgan,  shall  form 
another  district : 

XXXIII.  The  counties  of  Frederick,  Clarke,  and  Warren,  shall  form 
another  district : 

XXXIV.  The  counties  of  Shenandoah  and  Page  shall  form  another 
district  : 

XXXV.  The  counties  of  Rockingham  and  Pendleton  shall  form 
another  district : 

XXXVI.  The  county  of  Augusta  shall  be  another  district : 

XXXVII.  The  counties  of  Bath,  Highland,  and  Rockbridge,  shall  form 
another  district : 

XXXVIII.  The  counties  of  Botetourt,  Alleghany,  Roanoke,  and 
Craig,  shall  form  another  district : 

XXXIX.  The  counties  of  Carroll,  Floyd,  Grayson,  Montgomery,  and 
Pulaski,  shall  form  another  district : 

XL.  The  counties  of  Mercer,  Monroe,  Giles,  and  Tazewell,  shall 
form  another  district : 

xLi.  The  counties  of  Smyth,  Wythe,  and  Washington,  shall  form 
another  district : 

xLii.  The  counties  of  Scott,  Lee,  and  Russell,*  shall  form  another 
district  : 

xLiii.  The  counties  of  Boone,  Logan,  Kanawha,  Putnam,  and  Wyo- 
ming, shall  form  another  district : 

xLiv.  The  counties  of  Nicholas,  Fayette,  Pocahontas,  Raleigh, 
Braxton,  and  Greenbrier,  shall  form  another  district : 

XLV.  The  counties  of  Mason,  Jackson,  Cabell,  Wayne,  and  Wirt, 
shall  form  another  district: 

XLvi.  The  counties  of  Ritchie,  Doddridge,  Harrison,  Pleasants, 
and  Wood,  shall  form  another  district : 

xLvii.  The  counties  of  Wetzel,  Marshall,  Marion,  and  Tyler,  shall 
form  another  district : 

XL VIII.  The  counties  of  Upshur,  Barbour,  Lewis,  Gilmer,  and  Ran- 
dolph, shall  form  another  district : 

xLix.  The  counties  of  Monongalia,  Preston,  and  Taylor,  shall  form 
another  district :  • 

L.  The  counties  of  Brooke,  Hancock  and  Ohio  shall  form  another 
district. 


252  CONSTITUTION    OF 


SECTION  V. 

5.  It  shall  be  the  duty  of  the  General  Assembly  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  in  every  tenth  year  there- 
after, in  case  it  can  agree  upon  a  principle  of  representation,  to  re-ap- 
portion representation  in  the  Senate  and  House  of  Delegates  in  accord- 
ance therewith ;  and  in  the  event  the  General  Assembly,  at  the  first 
or  any  subsequent  period  of  re-apportionment,  shall  fail  to  agree 
upon  a  principle  of  representation  and  to  re-apportion  representation 
in  accordance  therewith,  each  House  shall  separately  propose  a 
scheme  of  representation,  containing  a  principle  or  rule  for  the 
House  of  Delegates,  in  connection  with  a  principle  or  rule  for  the 
Senate.  And  it  shall  be  the  duty  of  the  General  Assembly,  at  the 
same  session,  to  certify  to  the  Governor,  the  principles  or  rules  of  re- 
presentation which  the  respective  Houses  may  separately  propose,  to 
be  applied  in  making  re-apportionments  in  the  Senate  and  in  the 
House  of  Delegates :  and  the  Governor  shall,  as  soon  thereafter  as 
may  be,  by  proclamation,  make  known  the  propositions  of  the  re- 
spective Houses,  and  require  the  voters  of  the  Commonwealth  to 
assemble  at  such  time  as  he  shall  appoint,"  at  their  lawful  places  of 
voting,  and  decide  by  their  votes  between  the  propositions  thus  pre- 
sented. In  the  event  the  General  Assembly  shall  fail,  in  the  year 
one  thousand  eight  hundred  and  sixty-five,  or  in  any  tenth  year  there- 
after to  make  such  re-apportionment  or  certificate,  the  Governor 
shall,  immediately  after  the  adjournment  of  the  General  Assembly, 
by  proclamation,  require  the  voters  of  the  Commonwealth  to  assem- 
ble, at  such  time  as  he  shall  appoint,  at  their  lawful  places  of  voting, 
and  to  declare  by  their  votes : 

First,  whether  representation  in  the  Senate  and  House  of  Dele- 
gates shall  be  apportioned  on  the  "  Suffrage  Basis ;"  that  is,  accord- 
ing to  the  number  of  voters  in  the  several  counties,  cities,  towns  and 
Senatorial  districts  of  the  Commonwealth : 

Or  second,  whether  representation  in  both  Houses  shall  be  appor- 
tioned on  the  "  Mixed  Basis  ;"  that  is,  according  to  the  number  of 
white  inhabitants  contained,  and  the  amount  of  all  State  taxes  paid, 
in  the  several  counties,  cities  and  towns  of  the  Commonwealth,  de- 
ducting therefrom  all  taxes  paid  on  licenses  and  law  process,  and  any 
capitation  tax  on  free  negroes,  allowing  one  delegate  for  every  seven- 
ty-sixth part  of  said  inhabitants,  and  one  delegate  for  every  seventy- 
sixth  part  of  said  taxes,  and  distributing  the  Senators  in  like  man- 
ner: 

Or  third,  whether  representation  shall  be  apportioned  in  the  Senate 
on  taxation ;  that  is,  according  to  the  amount  of  all  State  taxes,  paid 
in  the  several  counties,  cities  and  towns  of  the  Commonwealth,  de- 
ducting therefrom  all  taxes  paid  on  licenses  and  law  process,  and  any 
capitatipn  tax  on  free  negroes,  and  in  the  House  of  Delegates  on  the 
"  Suffrage  Basis"  as  aforesaid : 

Or  fourth,  whether  representation  shall  be  apportioned  in  the  Sen- 


VIRGINIA.  253 


ate  on  the  "Mixed  Basis"  as  aforesaid,  and  in  the  House  of  Dele- 
gates on  the  "  Suffrage  Basis"  as  aforesaid :  and  each  voter  shall  cast 
his  vote  in  favor  of  one  of  said  schemes  of  apportionment,  and  no 
more. 

6.  It  shall  be  the  duty  of  the  Sheriffs  and  other  officers  taking  said 
polls,  to  keep  the  same  open  for  the  period  of  three  days,  and  with- 
in five  days  afler  they  are  closed,  to  certify  true  copies  thereof  to  the 
Governor,  who  shall,  as  early  as  may  be,  ascertain  the  result  of  said 
vote,  and  make  proclamation  thereof;  and  in  case  it  is  ascertained 
that  a  majority  of  all  the  votes  cast  is  in  favor  of  either  of  the  prin- 
ciples of  representation,  referred  as  aforesaid  to  the  choice  of  the 
voters,  the  governor  shall  communicate  the  result  of  such  vote  to  the 
general  assembly  at  its  first  regular  session  thereafter ;  but  in  case 
it  is  ascertained  that  a  majority  of  all  the  votes  cast  is  not  in  favor 
of  either  of  the  principles  of  representation  referred  as  aforesaid 
to  the  choice  of  the  voters,  it  shall  be  the  duty  of  the  governor,  as 
soon  as  may  be  after  ascertaining  that  fact,  in  like  manner  to  cause 
the  voters  to  decide  between  the  two  principles  of  representation  which 
shall,  at  such  previous  voting,  have  received  the  greatest  number  of 
votes ;  and  he  shall  ascertain  and  make  proclamation  of  the  result 
of  the  said  last  vote,  and  communicate  the  same  to  the  general  as- 
sembly at  its  next  regular  session ;  and  in  either  case,  the  General 
Assembly,  at  the  regular  session  thereof  which  shall  be  held  next 
after  the  taking  of  the  vote,  the  result  of  which  shall  have  been  so 
communicated  to  it  by  the  Governor,  shall  re-apportion  represent- 
ation in  the  two  houses  respectively  in  accordance  with  thci  prin- 
ciple of  representation  in  each,  for  which  a  majority  of  the  votes  cast 
were  given ;  and  it  shall  be  the  duty  of  the  General  Assembly  in 
every  tenth  year  thereafter  to  re-apportion  and  distribute  the  num- 
ber of  senators  and  delegates  in  accordance  with  the  same  principle. 

7.  Any  person  may  be  elected  Senator,  who,  at  the  time  of  elec- 
tion, has  attained  the  age  of  twenty-five  years,  and  is  actually  a  re- 
sident within  the  district,  and  qualified  to  vote  for  members  of  the 
General  Assembly,  according  to  this  Constitution.  And  any  person 
may  be  elected  a  member  of  the  House  of  the  Delegates,  who,  at  the 
time  of  election,  has  attained  the  age  of  twenty-one  years,  and  is 
actually  a  resident  within  the  county,  city,  town,  or  election  district, 
qualified  to  vote  fOr  members  of  the  General  Assembly,  according  to 
this  Constitution ;  but  no  person  holding  a  lucrative  office,  no  min- 
ister of  the  gospel  or  priest  of  any  religious  denomination,  no  sala- 
ried officer  of  any  banking  corporation  or  company,  and  no  attorney 
for  the  Commonwealth,  shall  be  capable  of  being  elected  a  member 
of  either  house  of  Assembly.  The  removal  of  any  person  elected  to 
either  branch  of  the  General  Assembly  from  the  county,  city,  tpwn 
or  district  for  which  he  was  elected,  shall  vacate  his  office. 

8.  The  General  Assembly  shall  meet  once  in  every  two  years,  and 
not  oftener,  unless  convened  by  the  Governor  in  the  manner  pre- 
scribed in  this  Constitution.     No  session  of  the  General  Assembly, 


254  CONSTITUTION    OF 


after  the  first  under  this  Constitution,  shall  continue  longer  than 
ninety  days,  without  the  concurrence  of  three-fifths  of  the  members 
elected  to  each  house,  in  which  case,  the  session  may  be  extended 
for  a  further  period,  not  exceeding  thirty  days.  Neither  house,  dur- 
ing the  session  of  the  General  Assembly  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting.  A  majority 
of  each  house  shall  constitute  a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  shall  be  authorized  to 
compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  house  may  provide. 

9.  The  House  of  Delegates  shall  choose  its  own  Speaker,  and  in 
the  absence  of  the  Lieutenant  Governor,  or  when  he  shall  exercise 
the  office  of  Governor,  the  Senate  shall  choose  from  their  own  body, 
a  president  jpro  tempore :  and  each  house  shall  appoint  its  own  offi- 
cers, settle  its  own  rules  of  proceeding,  and  direct  writs  of  election 
for  supplying  intermediate  vacancies :  but  if  vacancies  shall  occur 
during  the  recess  of  the  General  Assembly,  such  writs  may  be  issued 
by  the  Governor,  under  such  regulations  as  may  be  prescribed  by 
law.  Each  house  shall  judge  of  the  election,  qualification  and  returns 
of  its  members,  may  punish  them  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time 
for  the  same  offence. 

10.  The  members  of  the  Assembly  shall  receive  for  their  services 
a  compensation,  to  be  ascertained  by  law,  and  paid  out  of  the  pub- 
lic treasury;  but  no  act  increasing  such  compensation  shall  take 
effect  until  after  the  end  of  the  term  for  which  the  members  of  the 
House  of  Delegates  voting  thereon  were  elected.  And  no  senator 
or  delegate  during  the  term  for  which  he  shall  have  been  elected, 
shall  be  appointed  to  any  civil  office  of  profit  under  the  Common- 
wealth, which  has  been  created,  or  the  emoluments  of  which  have 
been  increased,  during  such  term,  except  offices  filled  by  elections 
by  the  people. 

11.  Bills  and  resolutions  may  originate  in  either  of  the  two 
houses  of  the  General  Assembly,  to  be  approved  or  rejected  by  the 
other,  and  may  be  amended  by  either  house,  with  the  consent  of  the 
other. 

12.  Each  house  of  the  General  Assembly  shall  keep  a  journal  of 
its  proceedings,  which  shall  be  published  from  time  to  time,  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal.  No  bill  shall  become  a  law,  until  it  has  been  read  on  three 
different  days  of  the  session,  in  the  house  in  which  it  originated,  un- 
less two-thirds  of  the  members  elected  to  that  house,  shall  otherwise 
determine. 

13.  The  whole  number  of  members  to  which  the  State  may  at 
any  time  be  entitled  in  the  House  of  Representatives  of  the  United 
States,  shall  be  apportioned  as  nearly  as  may  be,  amongst  the  seve- 


VIRGINIA.  a254 


ral  counties,  cities  and  towns  of  the  State,  according  to  their  respec- 
tive numbers,  which  shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifth  of  all  other  persons. 

14.  In  the  apportionment,  the  State  shall  be  divided  into  districts 
corresponding  in  number  with  the  representatives  to  which  it  may 
be  entitled  in  the  House  of  Representatives  of  the  Congress  of  the 
United  States,  which  shall  be  formed  respectively  of  contiguous 
counties,  cities  and  towns,  be  compact,  and  include,  as  nearly  as  may 
be,  an  equal  number  of  the  population,  upon  which  is  based  repre- 
sentation in  the  House  of  Representatives  of  the  United  States. 

15.  The  privilege  of  the  writ  of  habeas  corpus  shall  not,  in  any 
case,  be  suspended.  The  General  Assembly  shall  not  pass  any  bill 
of  attainder ;  or  any  ex  post  facto  law ;  or  any  law  impairing  the  ob- 
ligation of  contracts ;  or  any  law  whereby  private  property  shall  be 
taken  for  public  uses  without  just  compensation ;  or  any  law  abridg- 
ing the  freedom  of  speech  or  of  the  press.  No  man  shall  be  com- 
pelled to  ft-equent  or  support  any  religious  worship,  place  or  minis- 
try whatsoever ;  nor  shall  any  man  be  enforced,  restrained,  molest- 
ed or  burthened  in  his  body  or  goods,  or  otherwise  suffer,  on  account 
of  his  religious  opinions  or  belief;  but  all  men  shall  be  free  to  pro- 
fess and  by  argument  to  maintain  their  opinions  in  matters  of  reli- 
gion, and  the  same  shall  in  no  wise  affect,  diminish  or  enlarge  their 
civil  capacities.  And  the  General  Assembly  shall  not  prescribe  any 
religious  test  whatever ;  or  confer  any  peculiar  privileges  or  advantages 
on  any  sect  or  denomination  ;  or  pass  any  law  requiring  or  authorizing 
any  religious  society,  or  the  people  of  any  district  within  this  Common- 
wealth, to  levy  on  themselves  or  others  any  tax  for  the  erection  or 
repair  of  any  house  for  public  worship,  or  for  the  support  of  any 
church  or  ministry ;  but  it  shall  be  left  free  to  every  person  to  select 
his  religious  instructor,  and  to  make  for  his  support  such  private  con- 
tract as  he  shall  please. 

16.  No  law  shall  embrace  more  than  one  object,  which  shall  be 
expressed  in  its  title  :  nor  shall  any  law  be  revived  or  amended  by 
reference  to  its  title,  but  the  act  revived,  or  section  amended,  shall 
be  re-enacted  and  published  at  length. 

17.  The  General  Assembly  may  provide  that  no  person  shall  be 
capable  of  holding,  or  being  elected  to,  any  post  of  profit,  tmst  or 
emolument,  civil  or  military,  legislative,  executive  or  judicial, 
under  the  government  of  this  Commonwealth,  who  shall  hereafter 
fight  a  duel,  or  send  or  accept  a  challenge  to  fight  a  duel,  the  prob- 
able issue  of  which  may  be  the  death  of  the  challenger  or  challenged, 
or  who  shall  be  second  to  either  party,  or  shall  in  any  manner  aid 
or  assist  in  such  duel,  or  shall  be  knowingly  the  bearer  of  such  chal- 
lenge or  acceptance ;  but  no  person  shall  be  so  disqualified  by  reason 
of  his  having  heretofore  fought  such  duel,  or  sent  or  accepted  such 
challenge,  or  been  second  in  such  duel,  or  bearer  of  such  challenge 
or  acceptance. 


2546  CONSTITUTION    OF 


18.  The  Governor,  Lieutenant  Governor,  Judges,  and  all  others 
offending  against  the  State,  by  mal-administration,  corruption, 
neglect  of  duty,  or  other  high  crime  or  misdemeanor,  shall  be  im- 
peachable by  the  House  of  Delegates,  and  be  prosecuted  before  the 
Senate,  which  shall  have  the  sole  power  to  try  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation ; 
and  no  person  shall  be  convicted,  without  the  concurrence  of  two- 
thirds  of  the  members  present.  Judgment  in  cases  of  impeachment 
shall  not  extend  further  than  to  removal  from  office,  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  the 
Commonwealth ;  but  the  party  convicted  shall  nevertheless  be  sub- 
ject to  indictment,  trial,  judgment  and  punishment,  according  to  law. 
The  Senate  may  sit  during  the  recess  of  the  General  Assembly 
for  the  trial  of  impeachments. 

SLAVES    AND    FREE   NEGROES. 

19.  Slaves  hereafter  emancipated  shall  forfeit  their  freedom  by 
remaining  in  the  Commonwealth  more  than  twelve  months  after 
they  become  actually  free,  and  shall  be  reduced  to  slavery,  under 
such  regulations  as  may  be  prescribed  by  law. 

20.  The  General  Assembly  may  impose  such  restrictions  and  con- 
ditions as  they  shall  deem  proper  on  the  power  of  slave  owners  to 
emancipate  their  slaves  ;  and  may  pass  laws  for  the  relief  of  the 
Commonwealth  from  the  free  negro  population  by  removal  or  other- 
wise. 

21.  The  General  Assembly  shall  not  emancipate  any  slave,  or  the 
descendant  of  any  slave,  either  before  or  after  the  birth  of  such 
descendant. 

TAXATION    AND   FINANCE. 

22.  Taxation  shall  be  equal  and  uniform  throughout  the  Common- 
wealth, and  all  property,  other  than  slaves,  shall  be  taxed  in  propor- 
tion to  its  value,  which  shall  be  ascertained  in  such  manner  as  may 
be  prescribed  by  law. 

23.  Every  slave  who  has  attained  the  age  of  twelve  years  shall 
be  assessed  with  a  tax  equal  to  and  not  exceeding  that  assessed  on 
land  of  the  value  of  three  hundred  dollars.  Slaves  under  that  age 
shall  ft-ot  be  subject  to  taxation ;  and  other  taxable  property  may  be 
exempted  from  taxation,  by  the  vote  of  a  majority  of  the  whole 
number  of  members  elected  to  each  house  of  the  General  Assembly. 

24.  A  capitation  tax,  equal  to  the  tax  assessed  on  land  of  the 
value  of  two  hundred  dollars,  shall  be  levied  on  every  white  male 
inhabitant  who  has  attained  the  age  of  twenty-one  years ;  and  one 
equal  moiety  of  the  capitation  tax  upon  white  persons,  shall  be 
applied  to  the  purposes  of  education  in  primary  and  free  schools ; 
but  nothing  herein  contained  shall  preveut  exemptions  of  taxable 
polls  in  cases  of  bodily  infirmity. 

25.  The  General  Assembly  may  levy  a  tax  on  incomes,  salaries 


VIRGINIA.  c254 


and  licenses ;  but  no  tax  shall  -be  levied  on  property  from  which 
any  income  so  taxed  is  derived,  or  on  the  capital  invested  in  the 
trade  or  business  in  respect  to  which  the  license  so  taxed  is  issued. 

26.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance 
of  appropriations  made  by  law;  and  a  statement  of  the  receipts, 
disbursements,  appropriations  and  loans  shall  be  published  after  the 
adjournment  of  each  session  of  the  General  Assembly,  with  the  acts 
and  resolutions  thereof. 

27.  On  the  passage  of  every  act  which  imposes,  continues,  or 
revives  a  tax,  or  creates  a  debt  or  charge,  or  makes,  continues  or 
revives  any  appropriation  of  public  or  trust  money  or  property, 
releases,  discharges,  or  commutes  any  claim  or  demand  of  the  State, 
the  vote  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  same  shall  be  entered  on  the 
journals  of  the  respective  houses,  and  a  majority  of  all  the  mem- 
bers elected  to  each  house  shall  be  necessary  to  give  it  the  force  of  a 
law. 

28.  The  liability  to  the  State  of  any  incorporated  company  or 
institution,  to  redeem  the  principal  and  pay  the  interest  of  any  loan 
heretofore  made,  or  which  may  hereafter  be  made,  by  the  State,  to 
such  company  or  institution,  shall  not  be  released  ;  and  the  General 
Assembly  shall  not  pledge  the  faith  of  the  State,  or  bind  it  in  any 
form,  for  the  debts  or  obligations  of  any  company  or  corporation. 

29.  There  shall  be  set  apart  annually,  from  the  accruing  revenue, 
a  sum  equal  to  seven  per  cent,  of  the  State  debt  existing  on  the  first 
day  of  January  in  the  year  one  thousand  eight  hundred  and  fifty- 
two.  The  fund  thus  set  apart  shall  be  called  the  Sinking  Fund,  and 
shall  be  applied  to  the  payment  of  the  interest  of  the  State  debt, 
and  the  principal  of  such  part  as  may  be  redeemable.  If  no  part  be 
redeemable,  then  the  residue  of  the  Sinking  Fund,  after  the  payment 
of  such  interest,  shall  be  invested  in  the  bonds  or  certificates  of  debt 
of  this  Commonwealth,  or  of  the  United  States,  or  of  some  of  the 
States  of  this  Union,  and  applied  to  the  payment  of  the  State  debt, 
as  it  shall  become  redeemable.  Whenever,  after  the  said  first  day 
of  January,  a  debt  shall  be  contracted  by  the  Commonwealth,  there 
shall  be  set  apart  in  like  manner,  annually,  for  thirty -four  years,  a 
sum  exceeding  by  one  per  cent,  the  aggregate  annual  interest  agreed 
to  be  paid  thereon,  at  the  time  contracted,  which  sum  shall  be  part 
of  the  Sinking  Fund,  and  shall  be  applied  in  the  manner  before 
directed.  The  General  Assembly  shall  not  otherwise  appropriate 
any  part  of  the  Sinking  Fund  or  its  accruing  interest,  except  in  time 
of  war,  insurrection  oi*  invasion. 

30.  The  General  Assembly  may,  at  any  time,  direct  a  sale  of  the 
stocks  held  by  the  Commonwealth  in  internal  improvement  and 
other  companies ;  but  the  proceeds  of  such  sale,  if  made  before  the 
payment  of  the  public  debt,  shall  constitute  a  part  of  the  Sinking 
Fund  and  be  applied  in  like  manner. 

31.  The  General  Assembly  shall  not  contract  loans  or  cause  to  be 


254:d  CONSTITUTION    OF 


issued  certificates  of  debt  or  bonds  'of  the  State,  irredeemable  for  a 
period  greater  than  thirty-four  years. 

GENERAL    PROVISIONS. 

32.  The  General  Assembly  shall  not  grant  a  charter  of  in- 
corporation to  any  church  or  religious  denomination,  but  may 
secure  the  title  to  church  property  to  an  extent  to  be  limited  by 
law. 

33.  No  lottery  shall  hereafter  be  authorized  by  law,  and  the 
buying,  selling  or  transferring  of  tickets  or  chances  in  any  lottery 
not  now  authorized  by  a  law  of  this  State,  shall  be  prohibited. 

34.  No  new  county  shall  be  formed  with  an  area  less  than  six 
hundred  square  miles ;  nor  shall  the  county  or  counties  from  which 
it  is  formed  be  reduced  below  that  area;  nor  shall  any  county, 
having  a  white  population  less  than  five  thousand,  be  deprived  of 
more  than  one-fifth  of  such  population ;  nor  shall  a  county  having  a 
larger  white  population  be  reduced  below  four  thousand.  But  any 
county,  the  length  of  which  is  three  times  its  mean  breadth,  or 
which  exceeds  fifty  miles  in  length,  may  be  divided  at  the  discretion 
of  the  General  Assembly.  In  all  general  elections  the  voters  in  any 
county,  not  entitled  to  separate  representation,  shall  vote  in  the  same 
election  district. 

35.  The  General  Assembly  shall  confer  on  the  courts  the  power 
to  grant  divorces,  change  the  names  of  persons,  and  direct  the  sale 
of  estates  belonging  to  infants  and  other  persons  under  legal  disabi- 
lities, but  shall  not,  by  special  legislation,  grant  relief  in  such  cases, 
or  in  any  other  case  of  which  the  courts  or  other  tribunals  may  have 
jurisdiction. 

36.  The  General  Assembly  shall  provide  for  the  periodical  regis- 
tration in  the  several  counties,  cities  and  towns,  of  the  voters  therein, 
and  for  the  annual  registration  of  the  births,  marriages  and  deaths 
in  the  white  population,  and  of  the  births  and  deaths  in  the  colored 
population  of  the  same,  distinguishing  between  the  numbers  of  free 
colored  persons  and  slaves. 

37.  The  General  Assembly,  at  intervals  of  five  years  from 
the  dates  of  the  returns  of  the  census  of  the  United  States,  shall 
cause  to  be  taken  a  census  and  such  statistics  of  this  State 
as  may  be  prescribed  by  law ;  which  census  and  statistics  shall 
be  returned  to  the  Secretary  of  the  Commonwealth,  who  shall  com- 
pare and  correct  the  returns  and  report  the  same  to  the  General 
Assembly. 

38.  The  manner  of  conducting  and  making  returns  of  elections, 
of  determining  contested  elections,  and  of  filling  vacancies  in  office,  in 
cases  not  specially  provided  for  by  this  Constitution,  shall  be  pre- 
scribed by  law ;  but  special  elections  to  fill  vacancies  in  the  office  of 
Judge  of  any  court  shall  be  for  a  full  term.  And  the  General  As- 
sembly may  declare  the  cases  in  which  any  office  shall  be  deemed 
vacant,  when  no  provision  is  made  for  that  purpose  in  this  Constitution. 


VIRGINIA.  e254 


ARTICLE  V. — Executive  Department. 

GOVERNOR. 

1.  The  Chief  Executive  power  of  this  Commonwealth  shall  be 
vested  in  a  Governor.     He  shall  hold  the  office  for  the  term  of  four 

years,  to  commence  on  the day  of next  succeeding  his 

election,  and  be  ineligible  to  the  same  office  for  the  term  next  suc- 
ceeding that  for  which  he  was  elected,  and  to  any  other  office  during 
his  term  of  service. 

2.  The  Governor  shall  be  elected  by  the  voters,  at  the  times  and 
places  of  choosing  members  of  the  General  Assembly.  Returns  of 
the  election  shall  be  transmitted,  under  seal,  by  the  proper  officers 
to  the  Secretary  of  the  Commonwealth,  who  shall  deliver  them  to 
the  Speaker  of  the  House  of  Delegates,  on  the  first  day  of  the  next 
session  of  the  General  Assembly.  The  Speaker  of  the  House  of 
Delegates  shall  within  one  week  thereafter,  in  the  presence  of  a 
majority  of  the  Senate  and  House  of  Delegates,  open  the  said  returns, 
and  the  votes  shall  then  be  counted.  The  person  having  the  highest 
number  of  votes  shall  be  declared  elected ;  but  if  two  or  more  shall 
have  the  highest  and  an  equal  number  of  votes,  one  of  them  shall  be 
chosen  Governor  by  the  joint  vote  of  the  two  houses  of  the  General 
Assembly.  Contested  elections  for  Governor  shall  be  decided  by  a 
like  vote,  and  the  mode  of  proceeding  in  such  cases  shall  be  prescribed 
by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor  unless  he 
has  attained  the  age  of  thirty  years,  is  a  native  citizen  of  the  United 
States,  and  has  been  a  citizen  of  Virginia  for  five  years  next  preced- 
ing his  election. 

4.  The  Governor  shall  reside  at  the  seat  of  Government ;  shall 
receive  five  thousand  dollars  for  each  year  of  his  service,  and,  while 
in  office,  shall  receive  no  other  emolument  from  this  or  any  other 
government. 

5.  He  shall  take  care  that  the  laws  be  faithfully  executed  ;  com- 
municate to  the  General  Assembly  at  every  session  the  condition  of 
the  Commonwealth ;  recommend  to-  their  consideration  such  mea- 
sures as  he  may  deem  expedient ;  and  convene  the  General  Assembly 
on  application  of  a  majority  of  the  members  of  both  houses  thereof, 
or  when  in  hi«  opinion :  the  interest  of  the  Commonwealth  may 
require  it.  He  shall  be  commander  in  chief  of  the  land  and  naval 
forces  of  the  State  ;  have  power  to  embody  the  militia  to  repel  inva- 
sion, suppress  insurrection  and  enforce  the  execution  of  the  laws ; 
conduct,  either  in  person  or  in  such  other  manner  as  shall  be  pres- 
cribed by  law,  all  intercourse  with  other  and  foreign  States;  and, 
during  the  recess  of  the  General  Assembly,  fill  pro  tempore  all 
vacancies  in  those  offices  for  which  the  Constitution  and  laws  make . 
no  provision :  but  his  appointments  to  such  vacancies  shall  be  by 
commissions  to  expire  at  the  end  of  thirty  days  after  the  commence- 
ment of  the  next  session  of  the  General  Assembly.     He  shall  have 


254/  CONSTITUTION    OF 


power  to  remit  fines  and  penalties,  in  such  cases  and  under  such 
rules  and  regulations  as  may  be  prescribed  by  law ;  and,  except 
when  the  prosecution  has  been  carried  on  by  the  House  of  Dele- 
gates, or  the  law  shall  otherwise  particularly  direct,  to  grant  re- 
prieves and  pardons  after  conviction,  and  to  commute  capital  pun- 
ishment. But  he  shall  communicate  to  the  General  Assembly  at 
each  session,  the  particulars  of  every  case  of  fine  or  penalty 
remitted,  of  reprieve  or  pardon  granted  and  of  punishment  com- 
muted, with  his  reasons  for  remitting,  granting  or  commuting  the 
same. 

6.  He  may  require  information  in  writing  from  the  officers  in  the 
Executive  department  upon  any  subject  relating  to  the  duties  of 
their  respective  offices ;  and  may  also  require  the  opinion  in  writing 
of  the  Attorney  General  upon  any  question  of  law  connected  with 
his  official  duties. 

7.  Commissions  and  grants  shall  run  in  the  name  of  the  Common- 
wealth of  Virginia,  and  be  attested  by  the  Governor  with  the  seal 
of  the  Commonwealth  annexed. 

LIEUTENANT    GOVERNOR. 

8.  A  Lieutenant  Governor  shall  be  elected  at  the  same  time,  and 
for  the  same  term,  as  the  Governor :  and  his  qualification  and  the 
manner  of  his  election  in  all  respects  shall  be  the  same. 

9.  In  case  of  the  removal  of  the  Governor  from  office,  or  of  his 
death,  failure  to  qualify,  resignation,  removal  from  the  State,  or 
inability  to  discharge  the  powers  and  duties  of  the  office,  the  said 
office,  with  its  compensation,  shall  devolve  upon  the  Lieutenant 
Governor  ;  and  the  General  Assembly  shall  provide  by  law  for  the 
discharge  of  the  Executive  functions  in  other  necessary  cases. 

10.  The  Lieutenant  Governor  shall  be  President  of  the  Senate, 
but  shall  have  no  vote ;  and  while  acting  as  such,  shall  receive  a 
compensation  equal  to  that  allowed  to  the  Speaker  of  the  House  of 
Delegates. 

SECRETARY  OF  THE  COMMONWEALTH,  TREASURER  AND  AUDITOR. 

11.  A  Secretary  of  the  Commonwealth,  Treasurer  and  an  Auditor 
of  Public  Accounts  shall  be  elected  by  the  joint  vote  of  the  two 
houses  of  the  General  Assembly,  and  continue  in  office  for  the  term 
of  two  years,  unless  sooner  removed. 

12.  The  Secretary  shall  keep  a  record  of  the  official  acts  of  the 
Governor,  which  shall  be  signed  by  the  Governor  and  attested  by 
the  Secretary ;  and  when  required,  he  shall  lay  the  same,  and  any 
papers,  minutes  and  vouchers  pertaining  to  his  office,  before  either 

.  house  of  the  General  Assembly ;  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

13.  The  powers  and  duties  of  the  Treasurer  and  Auditor  shall  be 
such  as  now  are,  or  may  be  hereafter  prescribed  by  law. 


VIRGINIA.  g  264 


BOARD    OF   PUBLIC    WORKS. 

14.  There  shall  be  a  Board  of  Public  Works,  to  consist  of  three 
Commissioners.  The  State  shall  be  divided  into  three  districts, 
containing  as  nearly  as  may  be  equal  numbers  of  voters,  and  the 
voters  of  each  district  shall  elect  one  Commissioner,  whose  term  of 
office  shall  be  six  years;  but  of  those  first  elected,  one,  to  be  desig- 
nated by  lot,  shall  remain  in  office  for  two  years  only,  and  one  other,  to 
be  designated  in  like  manner,  shall  remain  in  office  for  four  years  only. 

15.  The  General  Assembly,  at  its  first  session  after  the  adoption 
of  this  Constitution,  shall  provide  for  the  election  and  compensation 
of  the  Commissioners,  and  the  organization  of  the  Board.  The  Com- 
missioners first  elected  shall  assemble  on  a  day  to  be  appointed  by 
law,  and  decide  by  lot  the  order  in  which  their  terms  of  service  shall 
expire. 

16.  The  Board  of  Public  Works  shall  appoint  all  officers  employed 
on  the  public  works,  and  all  persons  representing  the  interest  of  the 
Commonwealth  in  works  of  internal  improvement,  and  shall  per- 
form such  other  duties  as  may  be  prescribed  by  law. 

17.  The  members  of  the  Board  of  Public  Works  may  be  removed 
by  the  concurrent  vote  of  a  majority  of  all  the  members  elected  to 
each  house  of  the  General  Assembly  ;  but  the  cause  of  removal  shall 
be  entered  on  the  journal  of  each  house. 

18.  The  General  Assembly  shall  have  power,  by  a  vote  of  three- 
fifths  of  the  members  elected  to  each  house,  to  abolish  said  board 
whenever  in  their  opinion  a  board  of  public  works  shall  no  longer  be 
necessary. 

MILITIA. 

19.  The  mariner  of  appointing  militia  officers  shall  be  prescribed 
by  law. 

ARTICLE  VI. — Judiciary  Department 

1.  There  shall  be  a  Supreme  Court  of  Appeals,  District  Courts 
and  Circuit  Courts.  The  jurisdiction  of  these  tribunals,  and  of  the 
Judges  thereof,  except  so  far  as  the  same  is  conferred  by  this  Con- 
stitution, shall  be  regulated  by  law. 

JUDICIAL    DIVISIONS. 

2.  The  State  shall  be  divided  into  twenty-one  judicial  circuits,  ten 
districts  and  five  sections. 

I.  The  counties  of  Princess  Anne,  Norfolk,  Nansemond,  Isle  of 
Wight,  Southampton,  Greenes ville,  Surry  and  Sussex  and  the  city 
of  Norfolk  shall  constitute  the  first  circuit. 

II.  The  counties  of  Prince  George,  Dinwiddle,  Brunswick,  Meck- 
lenburg, Lunenburg,  Nottoway,  Amelia,  Chesterfield  and  Powhatan 
and  the  City  of  Petersburg  shall  constitute  the  second  circuit. 

III.  The   counties    of   Cumberland,    Buckingham,    Appomattox. 

19 


204:h  CONSTITUTION    OF 


Campbell,  Prince  Edward,  Charlotte  and  Halifax  and  the  town  of 
Lynchburg  shall  constitute  the  third  circuit. 

IV.  The  counties  of  Pittsylvania,  Bedford,  Franklin,  Patrick  and 
Henry  shall  constitute  the  fourth  circuit. 

V.  The  counties  of  A.ccomac  and  Northampton  shall  constitute  the 
fifth  circuit. 

VI.  The  counties  of  Elizabeth  City^  Warwick,  York,  Gloucester, 
Mathews,  Middlesex,  Henrico,  New  Kent,  Charles  City  and  James 
City,  and  the  City  of  Williamsburg  shall  constitute  the  sixth  circuit. 

VII.  The  City  of  Richmond  shall  be  the  seventh  circuit. 

VIII.  The  counties  of  Lancaster,  Northumberland,  Richmond, 
Westmoreland,  King  George,  Spottsylvania,  Caroline,  Hanover, 
King  William,  King  and  Queen  and  Essex  shall  constitute  the  eighth 
circuit. 

IX.  The  counties  of  Stafford,  Prince  William,  Alexandria,  Fairfax, 
Loudoun,  Fauquier  and  Rappahannock  shall  constitute  the  ninth 
circuit. 

X.  The  counties  of  Culpeper,  Madison,  Greene,  Orange,  Albe- 
marle, Louisa,  Fluvanna  and  Goochland  shall  constitute  the  tenth 
circuit. 

XI.  The  counties  of  Nelson,  Amherst,  Rockbridge,  Augusta  and 
Bath  shall  constitute  the  eleventh  circuit : 

XII.  The  counties  of  Pendleton,  Highland,  Rockingham,  Page, 
Shenandoah,  Warren  and  Hardy  shall  constitute  the  twelfth  circuit : 

XIII.  The  counties  of  Clarke,  Frederick,  Hampshire,  Morgan, 
Berkeley  and  Jefferson  shall  constitute  the  thirteenth  circuit : 

XIV.  The  counties  of  Monroe,  Greenbrier,  Pocahontas,  Alle- 
ghany, Botetourt,  Roanoke  and  Craig  shall  constitute  the  fourteenth 
circuit : 

XV.  The  counties  of  Giles,  Mercer,  Raleigh,  Wyoming,  Logan, 
Boone,  Fayette  and  Nicholas  shall  constitute  the  fifteenth  circuit : 

XVI.  The  counties  of  Grayson,  Carroll,  Wythe,  Floyd,  Pulaski 
and  Montgomery  shall  constitute  the  sixteenth  circuit : 

XVII.  The  counties  of  Smyth,  Tazewell,  Washington,  Russell, 
Scott  and  Lee  shall  constitute  the  seventeenth  circuit : 

XVIII.  The  counties  of  Wayne,  Cabell,  Mason,  Jackson,  Putnam 
and  Kanawha  shall  constitute  the  eighteenth  circuit. 

XIX.  The  counties  of  Wood,  Wirt,  Gilmer,  Braxton,  Lewis, 
Ritchie,  Doddridge  and  Pleasants  shall  constitute  the  nineteenth 
circuit : 

XX.  The  counties  of  Hancock,  Brooke,  Ohio,  Marshall,  Wetzel, 
Tyler  and  Monongalia  shall  constitute  the  twentieth  circuit : 

XXI.  And  the  counties  of  Harrison,  Marion,  Taylor,  Preston, 
Barbour,  Randolph  and  Upshur  shall  constitute  the  twenty-first 
circuit. 

L  The  first  and  second  circuits  shall  constitute  the  first  district ; 
the  third  and  fourth  circuits,  the  second  district ;  the  fifth,  sixth  and 
seventh  circuits,  the  third  district ;  the  eighth  and  ninth  circuits,  the 


VIRGINIA.  z254 


I 


fourth  district ;  the  tenth  and  eleventh  circuits,  the  fifth  district ;  the 
twelfth  and  thirteenth  circuits,  the  sixth  district ;  the  fourteenth  and 
fifteenth  circuits,  the  seventh  district ;  the  sixteenth  and  seventeenth 
circuits,  the  eighth  district;  the  eighteenth  and  nineteenth  circuits, 
the  ninth  district ;  and  the  twentieth  and  twenty-first  circuits,  the 
tenth  district. 

2.  The  first  and  second  districts  shall  constitute  the  first  section  ; 
the  third  and  fourth  districts,  the  second  section ;  the  fifth  and  sixth 
districts,  the  third  section ;  the  seventh  and  eighth  districts,  the 
fourth  section ;  and  the  nine  and  tenth  districts,  the  fifth  section. 

3.  The  General  Assembly  may,  at  the  end  of  eight  years  after  the 
adoption  of  this  Constitution,  and  thereafter  at  intervals  of  eight 
years,  re-arrange  the  said  circuits,  districts  and  sections,  and  place 
any  number  of  circuits  in  a  district,  and  of  districts,  in  a  section ; 
but  each  circuit  shall  be  altogether  in  one  district,  and  each  district 
in  one  section;  and  there  shall  not  be  less  than  two  districts  and 
four  circuits  in  a  section,  and  the  number  of  sections  shall  not  be 
increased  or  diminished. 

CIRCUIT   COURTS. 

6.  For  each  circuit,  a  Judge  shall  be  elected  by  the  voters  thereof, 
who  shall  hold  his  office  for  the  term  of  eight  years,  unless  sooner 
removed  in  the  manner  prescribed  by  this  Constitution.  He  shall 
at  the  time  of  his  election  be  at  least  thirty  years  of  age,  and  during 
his  continuance  in  office,  shall  reside  in  the  circuit  of  which  he  is  judge. 

7.  A  Circuit  Court  shall  be  held  at  least  twice  a  year  by  the 
Judge  of  each  circuit,  in  every  county  and  corporation  thereof, 
wherein  a  Circuit  Court  is  now  or  may  hereafter  be  established. 
But  the  Judges  in  the  same  district  may  be  required  or  authorized 
to  hold  the  courts  of  their  respective  circuits  alternately,  and  a 
Judge  of  one  circuit  to  hold  a  court  in  any  other  circuit. 

DISTRICT    COURTS. 

8.  A  District  Court  shall  be  held,  at  least  once  a  year,  in  every 
district,  by  the  Judges  of  the  circuits  constituting  the  section  and  the 
Judge  of  the  Supreme  Court  of  Appeals  for  the  section  of  which  the 
district  forms  a  part,  any  three  of  whom  may  hold  a  court ;  but  no 
Judge  shall  sit  or  decide  upon  any  appeal  taken  from  his  own 
decision.  The  Judge  of  the  Supreme  Court  of  Appeals  of  one  sec- 
tion, may  sit  in  the  District  Courts  of  another  section,  when  required 
or  authorized  by  law  to  do  so. 

9.  The  district  courts  shall  not  have  original  jurisdiction,  except 
in  cases  of  habeas  corpus^  mandamus  and  prohibition. 

COURTS    OF    APPEALS. 

10.  For  each  section,  a  Judge  shall  be  elected  by  the  voters 
thereof,  who  shall  hold  his  office  for  the  term  of  twelve  years,  unless 


254^'  CONSTITUTION    OF 


sooner  removed  in  the  manner  prescribed  by  this  Constitution.  He 
shall  at  the  time  of  his  election  be  at  least  thirty-five  years  of  age, 
and  during  his  continuance  in  office,  reside  in  the  section  for  which 
he  is  elected. 

1 1 .  The  Supreme  Court  of  Appeals  shall  consist  of  the  five  Judges 
so  elected,  any  three  of  whom  may  hold  a  court.  It  shall  have 
appellate  jurisdiction  only,  except  in  cases  of  habeas  corpus^  man- 
damus and  prohibition.  It  shall  not  have  jurisdiction  in  civil  causes 
where  the  matter  in  controversy,  exclusive  of  costs,  is  less  in  value 
or  amount  than  five  hundred  dollars,  except  in  controversies  concern- 
ing the  title  or  boundaries  of  land,  the  probat  of  a  will,  the  appoint- 
ment or  qualification  of  a  personal  representative,  guardian,  com- 
mittee or  curator ;  or  concerning  a  mill,  road,  way,  ferry  or  landing, 
or  the  right  of  a  corporation  or  of  a  county  to  levy  tolls  or  taxes ; 
and  except  in  cases  of  habeas  corpus,  mandamus  and  prohibition^ 
and  cases  involving  freedom,  or  the  constitutionality  of  a  law. 

12.  Special  Courts  of  Appeals,  to  consist  of  not  less  than  three 
nor  more  than  five  Judges,  may  be  formed  of  the  Judges  of  the 
Supreme  Court  of  Appeals,  and  of  the  Circuit  Courts,  or  any  of 
them,  to  try  any  cases  remaining  on  the  dockets  of  the  present  Court 
of  Appeals  when  the  Judges  thereof  cease  to  hold  their  offices  ;  or 
to  try  any  cases  which  may  be  on  the  dockets  of  the  Supreme  Court 
of  Appeals  established  by  this  Constitution,  in  respect  to  which  a 
majority  of  the  Judges  of  said  court  may  be  so  situated  as  to  make 
it  improper  for  them  to  sit  on  the  hearing  thereof. 

13.  When  a  judgment  or  decree  is  reversed  or  affirmed  by  the 
Supreme  Court  of  Appeals,  the  reasons  therefor  shall  be  stated  in 
writing,  and  preserved  with  the  record  of  the  case. 

GENERAL    PROVISIONS. 

14.  Judges  shall  be  commissioned  by  the  Governor,  and  shall  re- 
ceive fixed  and  adequate  salaries,  which  shall  not  be  diminished  dur- 
ing their  continuance  in  office.  The  salary  of  a  Judge  of  the  Su- 
preme Court  of  Appeals  shall  not  be  less  than  three  thousand  dol- 
lars and  that  of  a  Judge  of  a  Circuit  Court  not  less  than  two  thou- 
sand dollars  per  annum,  except  that  of  the  Judge  of  the  fifth  circuit, 
which  shall  not  be  less  than  fifteen  hundred  dollars  per  annum  ;  and 
each  shall  receive  a  reasonable  allowance  for  necessary  travel. 

15.  No  Judge  during  his  term  of  service  shall  hold  any  other 
office,  appointment  or  public  trust,  and  the  acceptance  thereof  shall 
vacate  his  judicial  office ;  nor  shall  he  during  such  term,  or  within 
one  year  thereafter,  be  eligible  to  any  political  office. 

16.  No  Election  of  Judge  shall  be  held  within  thirty  days  of  the 
time  of  holding  any  election  of  Electors  of  President  and  Vice  Pre- 
sident of  the  United  States,  of  Members  of  Congress  or  of  the  Gene- 
ral Assembly. 

17.  Judges  may  be  removed  from  office  by  a  concurrent  vote  of 
both  houses  of  the   General  Assembly,  but  a  majority  of  all  the 


I 


VIRGINIA.  A;  254 


members  elected  to  each  house  must  concur  in  such  vote ;  and  the 
cause  of  removal  shall  be  entered  on  the  journal  of  each  house.  The 
judge,  against  whom  the  General  Assembly  may  be  about  to  pro- 
ceed, shall  receive  notice  thereof,  accompanied  by  a  copy  of  the 
causes  alleged  for  his  removal,  at  least  twenty  days  before  the  day 
on  which  either  house  of  the  General  Assembly  shall  act  thereupon. 

18.  The  officers  of  the  Supreme  Court  of  Appeals  and  of  the  Dis- 
trict Courts  shall  be  appointed  by  the  said  Courts  respectively,  or  by 
the  Judges  thereof  in  vacation.  Their  duties,  compensation,*  and 
tenure  of  office,  shall  be  prescribed  by  law. 

19.  The  voters  of  each  county  or  corporation  in  which  a  Circuit 
Court  is  held  shall  elect  a  clerk  of  such  court,  whose  term  of  office 
shall  be  six  years.  The  Attorney  for  the  Commonwealth  elected 
for  a  county  or  corporation  wherein  a  Circuit  Court  is  directed  to  be 
held,  shall  be  attorney  for  the  Commonwealth  for  that  court.  But 
in  case  a  Circuit  Court  is  held  for  a  City,  or  for  a  County  and  City, 
there  shall  be  an  Attorney  for  the  Commonwealth  for  such  Court,  to 
be  elected  by  the  voters  of  such  City,  or  County  and  City,  and  to 
continue  in  office  for  the  term  of  four  years.  The  duties  and  com- 
pensation of  these  officers,  and  the  mode  of  removing  them  from 
office,  shall  be  prescribed  by  law. 

20.  When  a  vacancy  shall  occur  in  the  office  of  clerk  of  any  court, 
such  court  may  appoint  a  clerk  pro  tempore^  who  shall  discharge  the 
duties  of  the  office  until  the  vacancy  is  filled. 

21.  The  General  Assembly  shall  provide  for  the  compensation  of 
jurors-,  but  appropriations  for  that  purpose,  shall  not  be  made  from 
the  State  treasury,  except  in  prosecutions  for  felony  and  misde- 
meanor. 

22.  At  every  election  of  ^  Governor,  an  attorney  general  shall  be 
elected  by  the  voters  of  the  Commonwealth,  for  the  term  of  four 
years.  He  shall  be  commissioned  by  the  Governor,  shall  perform 
such  duties  and  receive  such  compensation  as  may  be  prescribed  by 
law,  and  be  removable  in  the  manner  prescribed  for  the  removal  of 
Judges. 

23.  Judges  and  all  other  officers,  whether  elected  or  appointed, 
shall  continue  to  discharge  the  duties  of  their  respective  offices  after 
their  terms  of  service  have  expired,  until  their  successors  are 
qualified. 

24.  Writs  shall  mn  in  the  name  of  the  Commonwealth  of  Vir- 
ginia and  be  attested  by  the  clerks  of  the  several  courts.  Indict- 
ments shall  conclude,  against  the  peace  and  dignity  of  the  Common- 
wealth. 

COUNTY  COURTS. 

* 

25.  There  shall  be  in  each  county  of  the  Commonwealth,  a  County 
Court,  which  shall  be  held  monthly,  by  not. less  than  three,  nor  more 
than  five  Justices,  except  when  the  law  shall  require  the  presence  of 
a  greater  number. 


254  Z  CONSTITUTION    OF 


26.  The  jurisdiction  of  the  said  court  shall  be  the  same  as  that  of 
the  existmg.  County  Courts,  except  so  far  as  it  is  modified  by  this 
Constitution  or  may  be  changed  by  law. 

27.  Each  County  shall  be  laid  off  into  districts,  as  nearly  equal 
as  may  be  in  territory  and  population.  In  each  district  there  shall 
be  elected  by  the  voters  thereof,  four  Justices  of  the  Peace,  who 
shall  be  commissioned  by  the  Governor,  reside  in  their  respective 
districts,  and  hold  their  office  for  the  term  of  four  years.  The  jus- 
tices so  elected  shall  choose  one  of  their  own  body,  who  shall  be 
the  presiding  Justice  of  the  County  Court,  and  whose  duty  it  shall 
be  to  attend  each  term  of  said  court.  The  other  justices  shall  be 
classified  by  law  for  the  performance  of  their  duties  in  court. 

28.  The  Justices  shall  receive  for  their  services  in  court,  a  per 
diem  compensation,  to  be  ascertained  by  law,  and  paid  out  of  the 
County  treasury ;  and  shall  not  receive  any  fee  or  emolument  for 
other  judicial  services. 

29.  The  power  and  jurisdiction  of  Justices  of  the  Peace  within 
their  respective  Counties  shall  be  prescribed  by  law. 

COUNTY    OFFICERS. 

30.  The  voters  of  each  County  shall  elect  a  Clerk  of  the  County 
Court,  a  Surveyor,  an  Attorney  for  the  Commonwealth,  a  Sheriff, 
and  so  many  Commissioners  of  the  Revenue  as  may  be  authorized  by 
law,  who  shall  hold  their  respective  offices  as  follows  :  The  Clerk, 
and  the  Surveyor,  for  the  term  of  six  years  ;  the  Attorney,  for  the 
term  of  four  years ;  the  Sheriff,  and  the  Commissioners,  for  the  term 
of  two  years.  Constables,  and  Overseers  of  the  Poor,  shall  be 
elected  by  the  voters,  as  may  be  prescribed  by  law. 

31.  The  officers  mentioned  in  the  preceding  section,  except  the 
Attorneys,  shall  reside  in  the  Counties  or  Districts  for  which  they 
were  respectively  elected.  No  person  elected  for  two  successive 
terms  to  the  office  of  Sheriff,  shall  be  re-eligible  to  the  same  office 
for  the  next  succeeding  term ;  nor  shall  he,  during  his  term  of  ser- 
vice, or  within  one  year  thereafter,  be  eligible  to  any  political  office. 

32.  The  Justices  of  the  Peace,  Sheriffs,  Attorneys  for  the  Com- 
monwealth, Clerks  of  the  Circuit  and  County  Courts,  and  all  other 
County  officers,  shall  be  subject  to  indictment  for  malfeasance,  mis- 
feasance, or  neglect  of  official  duty,  and  upon  conviction  thereof,  their 
offices  shall  become  vacant. 

CORPORATION    COURTS    AND    OFFICERS.* 

33.  The  General  Assembly  may  vest  such  jurisdiction  as  shall  be 
deemed  necessary  in  Corporation  Courts,  and  in  the  Magistrates  who 

'may  belong  to  the  corporate  body. 

34.  All  officers  appertaining  to  the  Cities  and  other  Municipal 
Corporations,  shall  be  elected  by  the  qualified  voters,  or  appointed 
by  the  constituted  authorities  of  such  Cities  or  Corporations,  as  may 
be  prescribed  by  law. 


VIRGINIA.  m254 


Done  in  Convention,  in  the  city  of  Richmond,  on  the  first  day  of 
August,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-one,  and  in  the  seventy-sixth  year  of  the  Commonwealth  of 
Virginia. 

JOHN  Y.  MASON, 

President  of  the  Convention, 
S.  D.  Whittle, 

Secretary  of  the  Convention. 


SCHEDULE. 


1.  It  shall  be  the  duty  of  the  President  of  this  Convention,  immediately  on  its 
adjournment,  to  certify  to  the  Governor  a  copy  of  the  Bill  of  Rights  and  Constitu- 
tion adopted,  together  with  this  Schedule. 

2.  Upon  the  receipt  of  such  certified  copy,  the  Governor  shall,  forthwitli,  an- 
nomice  the  fact  by  Proclamation,  to  be  published  in  such  newspapers  of  the  State 
as  may  be  deemed  requisite  for  general  information :  and,  shall  annex  to  his  Pro- 
clamation a  copy  of  the  Bill  of  Rights  and  Constitution,  together  with  this  Schedule : 
which  Proclamation,  Bill  of  Rights,  Constitution  and  Schedule,  shall  be  published 
in  the  manner  indicated,  for  the  period  of  one  month ;  and  ten  printed  copies 
thereof  shall,  by  the  Secretary  of  the  Commonwealth,  be  immediately  transmitted, 
by  mail,  to  the  Clerk  of  each  County  and  Corporation  Court  in  this  Commonwealth, 
to  be  by  such  Clerk  submitted  to  the  examination  of  any  person  desiring  the  same. 

3.  The  Officers  authorized  by  existing  laws  to  conduct  General  Elections,  shall, 
at  the  places  appointed  for  holding  the  same,  open  a  Poll  Book  on  the  Fourth 
Thursday  in  October  next,  to  be  headed  "  The  Constitution  as  amended,  and  Sche- 
dule," and  to  contain  two  separate  columns ;  the  first  column  to  be  headed  "  For 
Ratifying ;"  the  other,  to  be  headed,  "  For  Rejecting."  And  such  officers,  keeping 
said  Polls  open  for  the  space  of  three  days,  shall  then  and  there  receive,  and  record 
in  said  Poll  Book,  the  votes  for  and  against  this  Constitution  and  Schedule,  of  all  per- 
sons qualified,  under  the  existing  or  amended  Constitution  to  exercise  the  right  of 
suffrage. 

4.  The  taking  of  the  polls,  the  duties  to  be  performed  by  the  officers,  the  privi- 
lege of  the  voters,  and  the  penalties  attaching  iox  misconduct  on  the  part  of  any 
person,  shall  be,  in  all  things,  as  jDrescribed  by  the  second,  third,  fourth,  seventh, 
eighth  and  ninth  sections  of  the  act  of  the  General  Assembly,  passed  March  the 
fourth,  one  thousand  eight  hundred  and  fifty,  entitled  "  An  act  to  take  the  sense 
of  the  people  upon  the  call  of  a  Convention,  and  providing  for  organizing  the 
same,"  so  far  as  the  provisions  of  said  sections  may  be  applicable. 

5.  It  shall  be  the  duty  of  the  Governor,  upon  receiving  the  returns  of  said  offi- 
cers, to  ascertain  the  result  thereof,  and  forthwith  to  declare  the  same  by  his  Pro- 
clamation, stating  the  aggregate  vote  in  the  State  for  and  against  the  ratification 
of  the  amended  Constitution  and  Schedule  which  shall  be  published  at  least  once  a 
week  until  the  second  Monday  in  December  next,  in  such  newspapers  as,  in  his 
opinion,  will  be  best  calculated  to  diffiise  general  information  thereof:  and  if  it  ap- 
pear that  a  majority  of  the  votes  cast  is  in  favor  of  ratification,  the  Governor,  at 
the  same  time,  and  in  like  manner,  shall  make  Proclamation  for  holding,  on  the 
day  last  mentioned,  a  General  Election  throughout  the  State  for  Delegates  and 
Senators  to  the  General  Assembly,  according  to  the  apportionment  and  districts 
prescribed  in  this  Constitution  ;  and  also  for  the  election  of  a  Governor,  Lieutenant 
Governor,  and  Attorney  General. 

6.  The  officers  authorized  by  existing  laws  to  hold  and  conduct  General  Elec- 


254:71       '  CONSTITUTION    OP 


tions,  shall  hold  and  conduct  the  elections  herein  required,  and  such  officers  and 
all  other  persons  shall  be  governed  and  controlled  therein  by  the  provisions  of  said 
laws,  so  far  as  the  same  may  be  applicable  to,  and  necessary  for,  the  proper  con- 
ducting of  the  said  elections.  Duplicate  poUs  shall  be  separately  kept  for  Go- 
vernor and  Lieutenant  Governor,  for  Attorney  General,  and  for  Senators  and  De- 
legates to  the  General  Assembly,  which  shall  be  verified  by  the  oaths  of  the 
officers  conducting  the  elections. 

I.  The  verified  duplicate  polls  for  Governor,  Lieutenant  Governor  and  Attorney 
General,  shall  be  deposited  with  the  Clerks  of  the  several  Counties  and  Cities,  who 
shall  retain  one  in  their  respective  offices,  and  transmit  the  other,  by  mail,  to  the 
Secretary  of  the  Commonwealth. 

8.  In  the  election  of  Senators  and  Delegates  for  districts  formed  of  more  than 
one  County  and  City,  the  officers  conducting  the  same,  at  the  court-houses  of  the 
several  Counties  and  Cities  forming  each  District,  shall  assemble  on  the  eighth  day 
after  the  commencement  of  the  said  election  at  the  court-house  of  the  County  or 
City  first  named  as  one  of  the  Counties  of  the  District,  shall  compare  the  polls 
and  ascertain  the  result :  and  shall  deliver  and  return  certificates  of  election  ac- 
cording to  the  laws  now  in  force. 

9.  The  members  of  the  General  Assembly  so  elected  shall  meet  at  the  Capitol, 
in  the  City  of  Richmond,  on  the  second  Monday  in  January,  in  the  year  one  thou- 
sand, eight  hundred  and  fifty-two,  and  then  and  there  organize  as  the  General 
Assembly  of  Virginia ;  but  before '  such  organization,  they  shall  respectively  take 
the  oath  of  fidelity  to  the  Commonwealth,  and  the  other  oaths  of  office  required 
by  the  laws  now  in  force. 

10.  The  election  of  Members  of  the  General  Assembly  under  this  Constitution 
shall  vacate  the  seats  of  those  elected  under  the  present  Constitution. 

II.  The  official  terms  of  the  Delegates  first  elected  to  the  General  Assembly 
under  this  Constitution  shall  expire  on  the  thirtieth  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty-three. 

12.  The  official  terms  of  the  first  Governor,  Lieutenant  Governor  and  Attorney 
General  elected  under  this  Constitution,  shall  expire  on  the  thirty-first  day  of 
December,  in  the  year  one  thousand  eight  hundred  and  fifty-five. 

13.  The  present  Judges  of  the  Supreme  Court  of  Appeals  and  of  the  Circuit 
Courts,  and  their  successors,  who  may  be  appointed  under  the  existing  Constitu- 
tion, shall  remain  in  office  until  such  time  as  the  law  may  prescribe  for  the  com- 
mencement of  the  official  terms  of  the  Judges  under  the  amended  Constitution  and 
no  longer  :  which  time,  shall  not  be  more  than  six  months  after  the  termination  of 
the  first  session  of  the  General  Assembly  under  the  amended  Constitution. 

14.  The  Executive  Department  of  the  Government  shall  remain  as  at  present 
organized ;  and  the  Governor  and  Councillors  of  State  and  their  successors  appointed 
under  the  existing  Constitution,  shall  continue  in  office  until  a  Governor  elected 
under  this  Constitution  shall  be  qualified ;  and  all  other  persons  in  office  when  this 
Constitution  is  adopted,  except  as  is  herein  otherwise  expressly  directed,  shall  con- 
tinue in  office  until  their  successors  are  qualified :  and  vacancies  in  office,  happen- 
iug  before  such  qualification,  shall  be  filled  in  the  manner  now  prescribed  by  law. 

15.  All  the  Courts  of  Justice  now  existing  shall  continue  with  their  present 
jurisdiction  until  and  except  so  far  as  tlie  Judicial  system  may  or  shall  be  other- 
wise organized ;  and  all  laws  in  force  when  this  Constitution  is  adopted,  and  not 
inconsistent  therewith,  and  all  rights,  prosecutions,  actions,  claims  and  contracts 
shall  remain  and  continue  as  if  this  Constitution  was  not  adopted. 

16.  The  General  Assembly  shall  pass  all  laws  necessary  for  carrying  this  Consti- 
tution into  full  effect  and  operation. 

Done  in  Convention,  in  the  city  of  Richmond,  on  the  first  day  of  August,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  and  in  the  seventy- 
sixth  year  of  the  Commonwealth  of  Virginia. 

JOHN  Y.  MASON", 
S.  D.  Whittle,  .  President  of  the  Convention. 

Secretary  of  the  Convention. 


NORTH  CAROLINA. 


\ 


Sir  Robert  Heath,  in  1630,  obtained  a  grant  of  a  territory  south  of  Vir- 
ginia, which  was  named  Carolina.  The  first  settlement  made  in  this  State 
was  at  Albemarle,  by  emigrants  from  Virginia.  These  persons  fled  from 
religious  persecution  in  Virginia,  and  here  for  many  years  they  enjoyed  free- 
dom and  plenty.  As  Sir  R.  Heath  had  not  complied  with  the  conditions  of 
his  title,  in  1663  this  territory  was  granted  to  Lord  Clarendon  and  others. 
They  organized  a  government  on  very  liberal  principles,  and  adopted  a  Con- 
stitution which  was  prepared  by  the  celebrated  John  Locke.  This  Constitu- 
tion provided  that  the  Governor  should  hold  his  office  during  life,  and  that  the 
office  should  be  hereditary.  This  Constitution  created  great  disorder  in  the 
colony,  and  was  abolished  in  1693.  In  1729  the  Crown  purchased  from  the 
proprietors  the  Carolinas  for  jC  17,500  sterling,  and  established  two  separate 
governments,  called  North  and  South  Carolina,  In  1776  this  State  adopted 
its  Constitution,  which,  with  a  few  modifications,  continues  to  the  present  time. 

Area,  48,000  sq.  miles.  Pop.  in  1850,  868,903.  Slaves,  288,412.  Free  col- 
ored, 27,271, 

CONSTITUTION. 

Art.  I.  The  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to  wit,  a  Senate  and  House  of 
Commons. 

II.  The  Senate  shall  be  composed  of  representatives,  annually 
chosen  by  ballot,  one  for  each  county  in  the  State. 

III.  The  House  of  Commons  shall  be  composed  of  representa- 
tivesj  annually  chosen  by  ballot,  two  for  each  county,  and  one  for 


L 


256  CONSTITUTION    OF 


each  of  the  towns  of  Edenton,  Newbern,  Wilmington,  Salisbury, 
Hillsborough,  and  Halifax. 

IV.  The  Senate  and  House  of  Commons,  assembled  for  the  pur- 
pose of  legislation,  shall  be  denominated  the  General  Assembly. 

V.  Each  member  of  the  Senate  shall  have  usually  resided  in  the 
county  in  which  he  is  chosen  for  one  year  immediately  preceding 
his  election,  and  for  the  aame  time  shall  have  possessed,and  continue 
to  possess,  in  the  county  which  he  represents,  not  less  than  throe 
hundred  acres  of  land  in  fee. 

VI.  Each  member  of  the  House  of  Commons  shall  have  usually 
resided  in  the  county  in  which  he  is  chosen  for  one  year  immedi- 
ately preceding  his  election,  and  for  six  months  shall  have  possessed, 
and  continue  to  possess,  in  the  county  which  he  represents,  not  less 
than  one  hundred  acres  of  land  in  fee,  or  for  the  term  of  his  own 
life. 

VII.  All  freemen  of  the  age  of  twenty-one  years,  who  have  been 
inhabitants  of  any  one  county  within  the  State  twelve  months  im- 
mediately preceding  the  day  of  any  ielection,.and  possessed  of  a  free- 
hold, within  the  same  county,  of  fifty  acres  of  land,  for  six  months 
next  before,  and  at  the  day  of  election,  shall  be  entitled  to  vote  for 
a  member  of  the  Senate. 

VIII.  All  freemen  of  the  age  of  twenty-one  years,  who  have 
been  inhabitants  of  any  one  county  within  the  State  twelve  months 
immediately  preceding  the  day  of  any  election,  and  shall  have  paid 
public  taxes,  shall  be  entitled  to  vote  for  members  of  the  House  of 
Commons,  for  the  county  in  which  he  resides. 

IX.  All  persons  possessed  of  a  freehold,  in  any  town  in  this  State, 
having  a  right  of  representation,  and  also  all  freemen,  who  have  been 
inhabitants  of  any  such  town  twelve  months  next  before,  and  at  the 
day  of  election,  and  shall  have  paid  public  taxes,  shall  be  entitled 
to  vote  for  a  member  to  represent  such  town  in  the  House  of  Com- 
mons :  provided,  always,  that  this  section  shall  not  entitle  any  in- 
habitant of  such  town  to  vote  for  members  of  the  House  of  Com- 
mons for  the  county  in  which  he  may  reside ;  nor  any  freeholder  in 
such  county,  who  resides  without  or  beyond  the  limits  of  such  town, 
to  vote  for  a  member  of  the  said  town. 

X.  The  Senate  and  House  of  Commons,  when  met,  shall  each 
have  power  to  choose  a  Speaker  and  other  their  officers ;  be  judges 
of  the  qualifications  and  elections  of  their  members ;  sit  upon  their 
own  adjournments  from  day  to  day ;  and  prepare  bills  to  be  passed 
into  laws.  The  two  houses  shall  direct  writ  of  election,  for  supply- 
ing intermediate  vacancies :  and  shall  also  jointly,  by  ballot,  adjourn 
themselves  to  any  future  day  and  place. 

XI.  All  bills  shall  be  read  three  times  in  each  house,  before  they 
pass  into  laws,  and  be  signed  by  the  speakers  of  both  houses. 

XII.  Every  person,  who  shall  be  chosen  a  member  of  the  Senate 
or  House  of  Commons,  or  appointed  to  any  office  or  place  of  trust, 
before  taking  his  seat,  or  entering  upon  the  execution  of  his  office, 


NORTH    CAROLINA.  257 


b 


sliall  take  an  oath  to  the  State :  and  all  officers  shall  take  an  oath 
of  office. 

XIII.  The  General  Assembly  shall,  by  joint  ballot  of  both  houses, 
appoint  judges  of  the  supreme  courts  of  law  and  equity,  judges  of 
admiralty,  and  attorney-general,  who  shall  be  commissioned  by  the 
Governor,  and  hold  their  offices  during  good  behavior. 

XIV.  The  Senate  and  House  of  Commons  shall  have  power  to 
appoint  the  generals  and  field  officers  of  the  militia,  and  all  officers 
of  the  regular  army  of  this  State. 

XV.  The  Senate  and  House  of  Commons,  jointly,  at  their  first 
meeting  after  each  annual  election,  shall  by  ballot,  elect  a  Gover- 
nor for  one  year,  who  shall  not  be  eligible  to  that  office  longer  than 
three  years,  in  six  successive  years ;  that  no  person  under  thirty 
years  of  age,  and  who  has  not  been  a  resident  in  this  State  above 
five  years,  and  having,  in  the  State,  a  freehold  in  lands  and  tene- 
ments, above  the  value  of  one  thousand  pounds,  shall  be  eligible  as 
a  Governor. 

XVI.  The  Senate  and  House  of  Commons,  jointly,  at  their  first 
meeting,  after  each  annual  election,  shall,  by  ballot,  elect  seven  per- 
sons to  be  a  Council  of  State  for  one  year ;  who  shall  advise  the 
Governor  in  the  execution  of  his  office :  and  that  four  members  shall 
be  a  quorum ;  their  advice  and  proceedings  shall  be  entered  in  a 
journal,  to  be  kept  for  that  purpose  only,  and  signed  by  the  mem- 
bers present;  to  any  part  of  which  any  member  present  may  enter 
his  dissent.  And  such  journal  shall  be  laid  before  the  General  As- 
sembly when  called  for  by  them. 

XVII.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept 
by  the  Governor,  and  used  by  him  as  occasion  may  require ;  and 
shall  be  called,  the  great  seal  of  the  Stale  of  North  Carolina^  and  shall 
be  affixed  to  all  grants  and  commissions. 

XVIII.  The  Governor,  for  the  time  being,  shall  be  captain-gen- 
eral and  commander-in-chief  of  the  militia ;  and  in  the  recess  of  the 
General  Assembly,  shall  have  power,  by  and  with  the  advice  of  the 
Council  of  State,  to  embody  the  militia  for  the  public  safety. 

XIX.  The  Governor,  for  the  time  being,  shall  have  power  to  draw 
for  and  apply  such  sums  of  money  as  shall  be  voted  by  the  General 
Assembly,  for  the  contingencies  of  government,  and  be  accountable 
to  them  for  the  same.  He  also  may,  by  and  with  the  advice  of  the 
Council  of  State,  lay  embargoes,  or  prohibit  the  exportation  of  any 
commodity,  for  any  term  not  exceeding  thirty  days,  at  any  one  time 
in  the  recess  of  the  General  Assembly ;  and  shall  have  the  power  of 
granting  pardons  and  reprieves,  except  where  the  prosecution  shall 
be  carried  on  by  the  General  Assembly,  or  the  law  shall  otherwise 
direct ;  in  which  case  he  may,  in  the  recess,  grant  a  reprieve  until 
the  next  sitting  of  the  General  Assembly ;  and  he  may  exercise  all 
the  other  executive  powers  of  government,  limited  and  restrained, 
as  by  this  Constitution  is  mentioned,  and  according  to  the  laws  of 
the  State.     And,  on  his  death,  inability,  or  absence  from  the  State, 


258  CONSTITUTION   OF 


the  Speaker  of  the  Senate,  for  the  time  being,  and  in  case  of  his 
death,  inability,  or  absence  from  the  State,  the  Speaker  of  the  House 
of  Commons,  shall  exercise  the  powers  of  government,  after  such 
death,  or  during  such  absence  or  inability  of  the  Governor,  or 
Speaker  of  the  Senate,  or  until  a  new  nomination  is  made  by  the 
General  Assembly. 

XX.  In  every  case  where  any  officer,  the  right  of  whose  appoint- 
ment is  by  this  Constitution  vested  in  the  General  Assembly,  shall, 
during  their  recess,  die,  or  his  office  by  other  means  become  vacant, 
the  Governor  shall  have  power,  with  the  advice  of  the  Council  of 
State,  to  fill  up  such  vacancy,  by  granting  a  temporary  commission, 
which  shall  expire  at  the  end  of  the  next  session  of  the  General 
Assembly. 

XXI.  The  Governor,  judges  of  the  supreme  court  of  law  and 
equity,  judges  of  admiralty,  and  attorney-general,  shall  have  adequate 
salaries,  during  their  continuance  in  office. 

XXII.  The  General  Assembly  shall,  by  joint  ballot  of  both  houses, 
annually  appoint  a  treasurer  or  treasurers  for  this  State. 

XXIII.  The  Governor,  and  other  officers  ofiending  against  the 
State,  by  violating  any  part  of  this  Constitution,  maladministration, 
or  corruption,  may  be  prosecuted,  on  the  impeachment  of  the  Gene- 
ral Assembly,  or  presentment  of  the  grand  jury  of  any  court  of  su- 
preme jurisdiction  in  this  State. 

XXIV.  The  General  Assembly  shall,  by  joint  ballot  of  both 
houses,  triennially  appoint  a  Secretary  for  this  State. 

XXV.  No  persons  who  heretofore  have  been,  or  hereafter  may  be 
receivers  of  public  moneys,  shall  have  a  seat  in  either  house  of  Gene- 
ral Assembly,  or  be  eligible  to  any  office  in  this  State,  until  sucb 
person  shall  have  fully  accounted  for,  and  paid  into  the  treasury,  all 
sums  for  which  they  may  be  accountable  and  liable. 

XXVI.  No  treasurer  shall  have  a  seat,  either  in  the  Senate, 
House  of  Commons,  or  Council  of  State,  during  his  continuance  in 
that  office,  or  before  he  shall  have  finally  settled  his  accounts  with 
the  public,  for  all  the  moneys  which  may  be  in  his  hands,  at  the  ex- 
piration of  his  office,  belonging  to  the  State,  and  hath  paid  the  same 
into  the  hands  of  the  succeeding  treasurer. 

XXVII.  No  officer  in  the  regular  army  or  navy,  in  the  service 
and  pay  of  the  United  States,  of  this  State,  or  any  other  State,  nor 
any  contractor  or  agent  for  supplying  such  army  or  navy  with  cloth- 
ing or  provisions,  shall  have  a  seat  either  in  the  Senate,  House  of 
Commons,  or  Council  of  State,  or  be  eligible  thereto ;  and  any  mem 
ber  of  the  Senate,  House  of  Commons,  or  Council  of  State,  being  ap 
pointed  to,  and  accepting  of  such  office,  shall  thereby  vacate  his  seat. 

XXVIII.  No  member  of  the  Council  of  State  shall  have  a  seat, 
either  in  the  Senate  or  House  of  Commons. 

XXIX.  No  judge  of  the  supreme  court  of  law  and  equity,  or 
judge  of  admiralty,  shall  have  a  seat  in  the  Senate,  House  of  Com 
mons,  or  Council  of  State. 


NORTH    CAROLINA.  259 


XXX.  No  Secretary  of  this  State,  Attorney-Greneral,  or  clerk  of 
any  court  of  record,  shall  have  a  seat  in  the  Senate,  House  of  Com- 
mons, or  Council  of  State. 

XXXI.  No  clergyman,  or  preacher  of  the  gospel,  of  any  denomi- 
nation, shall  be  capable  of  being  a  member  of  either  the  Senate, 
House  of  Commons,  or  Council  of  State,  while  he  continues  in  the 
exercise  of  his  pastoral  function. 

XXXII.  No  person  who  shall  deny  the  being  of  God,  or  the  truth 
of  the  Protestant  religion,  or  the  divine  authority  of  either  the  Old 
or  New  Testaments,  or  who  shall  hold  religious  principles  incompati- 
ble with  the  freedom  and  safety  of  the  State,  shall  be  capable  of 
holding  any  office,  or  place  of  trust  or  profit,  in  the  civil  department, 
within  this  State. 

XXXIII.  The  justices  of  the  peace,  within  their  respective  coun 
ties  in  this  State,  shall  in  future  be  recommended  to  the  Governoi 
for  the  time  being,  by  the  representatives  in  General  Assembly ; 
and  the  Governor  shall  commission  them  accordingly  :  and  the  jus- 
tices, when  so  commissioned,  shall  hold  their  offices' during  good  be- 
havior, and  shall  not  be  removed  from  office  by  the  General  Assem- 
bly, unless  for  misbehavior,  absence,  or  inability. 

XXXIV.  There  shall  be  no  establishment  of  any  one  religious 
church  or  denomination  in  this  State,  in  preference  to  any  other ; 
neither  shall  any  person,  on  any  pretence  whatsoever,  be  compelled 
to  attend  any  place  of  worship  contrary  to  his  own  faith  or  judg- 
ment, nor  be  obliged  to  pay  for  the  purchase  of  any  glebe,  or  the 
building  of  any  house  of  worship,  or  for  the  maintainance  of  any 
minister  or  ministry,  contrary  to  what  he  believes  right,  or  has  vol- 
untarily and  personally  engaged  to  perform ;  but  all  persons  shall 
be  at  liberty  to  exercise  their  own  mode  of  worship  :  provided,  that 
nothing  herein  contained  shall  be  construed  to  exempt  preachers  of 
treasonable  or  seditious  discourses,  from  legal  trial  and  punishment. 

XXXV.  No  person  in  the  State  shall  hold  more  than  one  lucra- 
tive office  at  any  one  time ;  provided  that  no  appointment  in  the 
militia,  or  the  office  of  a  justice  of  the  peace,  shall  be  considered  as 
a  lucrative  office. 

XXXVI.  All  commissions  and  grants  shall  run  in  the  name 
of  the  State  of  North  Carolina,  and  bear  test,  and  be  signed  by  the 
Governor.  All  writs  shall  run  in  the  same  manner,  and  bear  test, 
and  be  signed  by  the  clerks  of  the  respective  courts.  Indictments 
shall  conclude,  agai?ist  the  peace  and  dignity  of  the  State. 

XXXVII.  The  .delegates  for  this  State  to  the  Continental  Con- 
gress, while  necessary,  shall  be  chosen  annually  by  the  General  As- 
sembly, by  ballot ;  but  may  be  superseded,  in  the  mean  time,  in  the 
same  manner  ;  and  no  person  shall  be  elected  to  serve  in  that  ca- 
»pacity  for  more  than  three  years  successively. 

XXXVIII.  There  shall  be  a  sheriff,  coroner,  or  coroners,  and 
constables,  in  each  county  within  this  State. 

XXXIX.  The  person  of  a  debtor,  where  there  is  not  a  strong  pre- 


260  CONSTITUTION    OF 


sumption  of  fraud,  shall  not  be  continued  in  prison  after  delivering 
up,  bona  fide,  all  his  estate,  real  and  personal,  for  the  use  of  his  credi- 
tors, in  such  manner  a-s  shall  hereafter  be  regulated  by  law.  All 
prisoners  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offences,  when  the  proof  is  evident,  or  the  presumption  great. 

XL.  Every  foreigner  who  comes  to  settle*  in  this  State,  havinp^ 
first  taken  an  oath  of  allegiance  to  the  same,  may  purchase,  or  h} 
other  just  means,  acquire,  hold,  and  transfer  land,  or  other  real  es- 
tate, and  after  one  year's  residence  be  deemed  a  free  citizen. 

XLI.  A  school  or  schools  shall  be  established  by  the  Legisla- 
ture, for  the  convenient  instruction  of  youth,  with  such  salaries  to 
the  masters,  paid  by  the  puT^lic,  as  may  enable  them  to  instruct  at 
low  prices  ;  and,  all  useful  learning  shall  be  duly  encouraged  and 
promoted  in  one  or  more  universities. 

XLII.  No  purchase  of  lands  shall  be  made  of  the  Indian  natives, 
but  on  behalf  of  the  public,  by  authority  of  the  General  Assembly. 

XLIII.  The  future  Legislature  of  this  State  shall  regulate  en- 
tails, in  such  a  manner  as  to  prevent  perpetuities. 

XLIV.  The  declaration  of  rights  is  hereby  declared  to  be  part  of 
the  Constitution  of  this  State,  and  ought  never  to  be  violated  on 
any  pretence  whatsoever. 

XLV.  Any  member  of  either  house  of  Greneral  Assembly  shall 
have  liberty  to  dissent  from  and  protest  against  any  act  or  resolve 
which  he  may  think  injurious  to  the  public,  or  any  individual,  and 
have  the  reasons  of  his  dissent  entered  on  the  journals. 

XLVI.  Neither  house  of  the  General  Assembly  shall  proceed 
upon  public  business,  unless  a  majority  of  all  the  members  of  such 
house  are  actually  present ;  and  that  upon  a  motion  made  and  sec- 
onded, the  yeas  and  nays,  upon  any  question,  shall  be  taken  and  en- 
tered on  the  journals :  and  that  the  journals  of  the  proceedings  of 
both  houses  of  the  General  Assembly  shall  be  printed,  and  made 
public,  immediately  after  their  adj'ournment. 

This  Constitution  is  not  intended  to  preclude  the  present  Con- 
gress from  making  a  temporary  provision,  for  the  well  ordering  of 
this  State,  until  the  General  Assembly  shall  establish  government 
agreeable  to  the  mode  herein  before  described. 

AMENDMENTS  TO  THE  CONSTITUTION, 

Made  in    Convention^  June  4,  1835,  and  ratified  hy  the  People^  No- 
vember 9,  to  take  effect  January  1,  1836. 

ARTICLE  i 

Sec.  I. — 1.  The  Senate  of  this  State  shall  consist  of  fifty  repre- 
sentatives, biennially  chosen  by  ballot,  and  to  be  elected  by  dis- 
tricts ;  which  districts  shall  be  laid  ofi"  by  the  General  Assembly,- 
at  its  first  session  after  the  year  one  thousand  eight  hundred  and 
forty-one  ;  and  afterwards,  at  its  first  session  after  the  year  one 
thousand    eight   hundred  and   fifty-one ;    and    then   every  twenty 


NORTH    CAROLINA.  261 


years  thereafter,  in  proportion  to  the  public  taxes  paid  into  the 
treasury  of  the  State,  by  the  citizens  thereof ;  and  the  average  of 
the  public  taxes  paid  by  each  county  into  the  treasury  of  the  State, 
for  the  five  years  preceding  the  laying  off  of  the  districts,  shall  be 
considered  as  its  proportion  of  the  public  taxes,  and  constitute  the 
basis  of  apportionment :  Provided  that  no  county  shall  be  divided 
in  the  formation  of  a  senatorial  district.  And  when  there  are  one 
or  more  counties  having  an  excess  of  taxation  above  the  ratio  to 
form  a  senatorial  district,  adjoining  a  county  or  counties  deficient 
in  such  ratio,  the  excess  or  excesses  aforesaid  shall  be  added  to  the 
taxation  of  the  county  or  counties  deficient ;  and  if,  with  such  addi- 
tion, the  county  or  counties  receiving  it  shall  have  the  requisite  ratio, 
such  county  and  counties  each  shall  constitute  a  senatorial  district. 

2.  The  House  of  Commons  shall  be  composed  of  one  hundred  and 
twenty  representatives,  biennially  chosen  by  ballot,  to  be  elected  by 
counties  according  to  their  federal  population,  that  is,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  ot 
all  other  persons  ;  and  each  county  shall  have  at  least  one  member 
in  the  House  of  Commons,  although  it  may  not  contain  the  requi- 
site ratio  of  population. 

3.  This  apportionment  shall  be  made  by  the  General  Assembly,  at 
the  respective  times  and  periods  when  the  districts  for  the  Senate 
are  hereinbefore  directed  to  be  laid  off;  and  the  said  apportionment 
shall  be  made  according  to  an  enumeration  to  be  ordered  by  the 
General  Assembly,  or  according  to  the  census  which  may  be  taken 
by  order  of  Congress,  next  preceding  the  making  such  apportionment. 

4.  In  making  the  apportionment  in  the  House  of  Commons,  the 
ratio  of  representation  shall  be  ascertained  by  dividing  the  amount 
of  federal  population  in  the  State,  after  deducting  that  compre- 
hended within  those  counties  which  do  not  severally  contain  the  one 
hundred-and- twentieth  part  of  the  entire  federal  population  afore- 
said, by  the  number  of  representatives  less  than  the  number  assigned 
to  the  said  counties.  To  each  county  containing  the  said  ratio, 
and  not  twice  the  said  ratio,  there  shall  be  assigned  one  representa- 
tive ;  to  each  county  containing  twice,  but  not  three  times  the  said 
ratio,  there  shall  be  assigned  two  representatives,  and  so  on  progres- 
sively ;  and  then  the  remaining  representatives  shall  be  assigned 
severally  to  the  counties  having  the  largest  fractions. 

Sec. II — 1.  Until  the  first  session  of  the  General  Assembly,  which 
shall  be  had  after  the  year  eighteen  hundred  and  forty-one,  the 
Senate  shall  be  composed  of  members  to  be  elected  from  the  seA^eral 
districts  hei^einafter  named,  that  is  to  say,  the  first  district  shall 
•consist  of  the  counties  of  Perquimons  and  Pasquotank  ;  the  2d  dis- 
trict, of  Camden  and  Currituck ;  the  3d  district,  Gates  and  Chowan ; 
the  4th  district,  Washington  and  Tyrrell ;  the  5th  district,  North- 
ampton ;  the  6th  district,  Hertford  ;  the  7th  district,  Bertie  ;  the 


262  coNSTiTunoN  of 


8th  district,  Martin ;  the  9th  district,  Halifax ;  the  10th  districtj 
Nash;  the  1 1th  district.  Wake;  the  12th  district,  Franklin;  the 
13th  district,  Johnston  ;  the  14th  district,  Warren;  the  15th  dis- 
trict, Edgecomb  ;  the  16th  district,  Wayne  ;  the  17th  district,  Green 
and 'Lenoir  ;  the  18th  district,  Pitt:  the  19th  district,  Beaufort  and 
Hyde;  t^he  20th  district,  Carteret  and  Jones;  the  21st  district. 
Craven ;  the  22d  district,  Chatham  ;  the  23d  district,  Granville ; 
the  24th  district.  Person  ;  the  25th  district,  Cumberland  ;  the  26th 
district,  Sampson ;  the  27th  district,  New-Hanover ;  the  28th  dis- 
trict, Duplin ;  the  29th  district,  Onslow ;  the  30th  district,  Bruns- 
wick, Bladen,  and  Columbus;  the  31st  district,  Robeson  and  Rich- 
mond :  the  32d  district,  Anson  ;  the  33d  district,  Cabarrus ;  the  34th 
district,  Moore  and  Montgomery ;  the  35th  district,  Caswell ;  the 
36th  district,  Rockingham  ;  the  37th  district,  Orange ;  the  .38th 
district,  Randolph  ;  the  39th  district,  Guilford ;  the  40th  district, 
Stokes  ;  the  41st  district.  Rowan  ;  the  42d  district,  Davidson  ;  the 
43d  district,  Surry  ;  the  44th  district,  Wilkes  and  Ashe  ;  the  45th 
district,  Burke  and  Yancy ;  the  46th  district,  Lincoln  ;  the  47th 
district  Iredell ;  the  48th  district,  Rutherford  ;  the  49th  district, 
Buncombe,  Haywood  and  Macon  ;  the  50th  district,  Mecklenburg: 
— each  district  to  be  entitled  to  one  senator. 

2.  Until  the  first  session  of  the  General  Assembly  after  the  year 
eighteen  hundred  and  forty-one,  the  House  of  Commons  shall  be 
composed  of  members  elected  from  the  counties  in  the  following 
manner,  viz.  :  The  counties  of  Lincoln  and  Orange  shall  elect  four 
members  each.  The  counties  of  Burke,  Chatham,  Granville,  Guil- 
ford, Halifax,  Iredell,  Mecklenburg,  Rowan,  Rutherford,  Surry, . 
Stokes,  and  Wake  shall  elect  three  members  each.  The  counties  of 
Anson,  Beaufort,  Bertie,  Buncombe,  Cumberland,  Craven,  Caswell, 
Davidson,  Duplin,  Edgecomb,  Franklin,  Johnston,  Montgomery, 
New-Hanover,  Northampton,  Person,  Pitt,  Randolph,  Robeson, 
Richmond,  Rockingham,  Sampson,  Warren,  Wayne,  and  Wilkes 
shall  elect  two  members  each.  The  counties  of  Ashe,  Bladen, 
Brunswick,  Camden,  Columbus,  Chowan,  Currituck,  Carteret,  Ca- 
barrus, Gates,  Greene,  Haywood,  Hertford,  Hyde,  Jones,  Lenoir, 
Macon,  Moore,  Martin,  Nash,  Onslow,  Pasquotank,  Perquimons, 
Tyrrell,  Washington,  and  Yancy  shall  elect  one  member  each. 

Sec.  III. — 1,  Each  member  of  the  Senate  shall  have  usually  re- 
sided in  the  district  for  which  he  is  chosen  for  one  year  immediately 
preceding  his  election,  and  for  the  same  time  shall  have  possessed 
and  continu:  to  possess  in  the  district  which  he  represents,  not 
less  than  throe  hundred  acres  of  land  in  fee. 

2.  All  free  men  of  the  age  of  twenty-one  years,  (except  as  is  herein- 
after declared)  who  have  been  inhabitants  of  any  one  district  within 
the  State  twelve  months  immediately  preceding  the  day  of  any 
election,  and  possessed  of  a  freehold  within  the  same  district  of  fifty 
acres  of  land,  for  six  months  next  before  and  at  the  day  of  election, 
shall  be  entitled  to  vote  for  a  member  of  the  Senate. 


NORTH    CAROLINA.  263 


3.  No  free  negro,  free  mulatto,  or  free  person  of  mixed  blood,  de- 
scended from  negro  ancestors  to  the  fourth  generation  inclusive, 
(though  one  ancestor  of  each  generation  may  have  been  a  white  per- 
son,) shall  vote  for  members  of  the  Senate  or  House  of  Commons. 

Sec.  IV. — 1.  In  the  election  of  all  officers,  whose  appointment  is 
conferred  on  the  General  Assembly  by  the  Constitution,  the  votes 
shall  be  viva  voce. 

2.  The  General  Assembly  shall  have  power  to  pass  laws  regula- 
ting the  mode  of  appointing  and  removing  militia  officers. 

3.  The  General  Assembly  shall  have  power  to  pass  general  laws 
regulating  divorce  and  alimony,  but  shall  not  have  power  to  grant 
a  divorce  or  secure  alimony  in  any  individual  case. 

4.  The  General  Assembly  shall  not  have  power  to  pass  any  private 
law  to  alter  the  name  of  any  person,  or  to  legitimate  any  persons 
not  born  in  lawful  wedlock,  or  to  restore  to  the  rights  of  citizenship 
any  person  convicted  of  an  infamous  crime  ;  but  shall  have  power 
to  pass  general  laws  regulating  the  same. 

5.  The  General  Assembly  shall  not  pass  any  private  law,  unless 
it  shall  be  made  to  appear  that  thirty  days  notice  of  application  to 
pass  such  law  shall  have  been  given,  under  such  directions  and  in 
such  manner  as  shall  be  provided  by  law. 

6.  If  vacancies  shall  occur  by  death,  resignation  or  otherwise, 
before  the  meeting  of  the  General  Assembly,  writs  may  be  issued  by 
law.  the  Governor,  under  such  regulations  as  may  be  prescribed  by 

7.  The  General  Assembly  shall  meet  biennially,  and  at  each  bien- 
nial session  shall  elect,  by  joint  vote  of  the  two  houses,  a  Secretary 
of  State,  Treasurer,  and  Council  of  State,  who  shall  continue  in 
office  for  the  term  of  two  years. 

ARTICLE  II. 

Sec.  1.  The  Governor  shall  be  chosen  by  the  qualified  voters  for 
the  members  of  the  House  of  Commons,  at  such  time  and  places  as 
members  of  the  General  Assembly  are  elected. 

2.  He  shall  hold  his  office  for  the  term  of  two  years  from  the  time  of 
his  installation,  and  until  another  shall  be  elected  and  qualified  :  but 
he  shall  not  be  eligible  more  than  four  years  in  any  term  of  six  years. 

3.  The  returns  of  every  election  for  Governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government,  by  the  returning  officers, 
directed  to  the  Speaker  of  the  Senate,  who  shall  open  and  publish 
them  in  the  presence  of  a  majority  of  the  members  of  both  houses 
of  the  General  Assembly.  The  person  having  the  highest  number 
of  votes  shall  be  Governor  ;  but  if  two  or  more  shall  be  equal  and 
highest  in  votes^  one  of  them  shall  be  chosen  Governor  by  joint  vote 
of  both  houses  of  the  General  Assembly. 

4.  Contested  elections  for  Governor  shall  be  determined  by  both 
houses  of  the  General  Assembly,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

5.  The  Governor  elect  shall  enter  on  the  duties  of  the  office  on 

20 


264  CONSTITUTION    OF 


the  first  day  of  January  next  after  his  election,  having  previously 
taken  the  oaths  of  ofl&ce  in  the  presence  of  the  members  of  both 
branches  of  the  General  Assembly,  or  before  the  Chief  Justice  of  the 
Supreme  Court,  who,  in  case  the  Grovernor  elect  should  be  prevented 
from  attendance  before  the  G-eneral  Assembly,  by  sickness  or  other 
unavoidable  cause,  is  authorized  to  administer  the  same. 

AKTICLE   III. 

Sec.  I. — -4.  The  Governor,  judges  of  the  Supreme  Court,  and 
judges  of  the  Superior  Courts,  and  all  other  officers  of  this  State, 
{except  justices  of  the  peace  and  militia  officers,)  may  be  impeached 
for  wilfully  violating  any  article  of  the  Constitution,  maladministra- 
tion, or  corruption. 

2.  Judgment  in  cases  of  impeachment  shall  not  extend  further 
than  to  remove  from  office  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust,  or  profit  under  this  State ;  but  the  party  con- 
victed may  nevertheless  be  liable  to  indictment,  trial,  judgment,  and 
punishment,  according  to  law. 

3.  The  House  of  Commons  shall  have  the  sole  power  of  impeach- 
ment. The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
No  person  shall  be  convicted  upon  any  impeachment,  unless  two- 
thirds  of  the  senators  present  shall  concur  in  such  conviction ;  and 
before  the  trial  of  any  impeachment,  the  members  of  the  Senate 
shall  take  an  oath  or  affirmation  truly  and  impartially  to  try  and 
determine  the  charge  in  question,  according  to  evidence.  ' 

Sec.  II. — 1.  Any  judge  of  the  Supreme  Court,  or  of  the  Superior 
Courts,  may  be  removed  from  office  for  mental  or  physical  inability, 
upon  a  concurrent  resolution  of  two-thirds  of  both  branches  of  the 
General  Assembly.  The  judge  against  whom  the  Legislature  may 
be  about  to  proceed,  shall  receive  notice  thereof,  accompanied  by  a 
copy  of  the  causes  alleged  for  his  removal,  at  least  twenty  days  be- 
fore the  day  on  which  either  branch  of  the  General  Assembly  shall 
act  thereon. 

The  salaries  of  the  judges  of  the  Supreme  Court,  or  of  the  Superior 
Courts,  shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  III.  Upon  the  conviction  of  any  justice  of  the  peace  of  any 
infamous  crime,  or  of  corruption  or  mal-practice  in  office,  the  com- 
mission of  such  justice  shall  be  thereby  vacated,  and  he  shall  be  for- 
ever disqualified  from  holding  such  appointment. 

Sec.  IV.  The  General  Assembly,  at  its  first  session  after  the 
year  one  thousand  eight  hundred  and  thirty-nine,  and  from  time  to 
time  thereafter,  shall  appoint  an  Attorney-General,  who  shall  be 
commissioned  by  the  Governor,  and  shall  hold  his  office  for  the  term 
of  four  years  ;  but  if  the  General  Assembly  should  hereafter  extend 
the  term  during  which  solicitors  of  the  State  shall  hold  their  offices, 
then  they  shall  have  power  to  extend  the  term  of  office  of  the  At- 
torney-General to  the  same  period. 


NORTH    CAROLINA.  265 


ARTICLE   IV. 

Sec.  I. — 1.  No  convention  of  the  people  shall  be  called  by  the 
General  Assembly,  unless  by  the  concurrence  of  two-thirds  of  all 
the  members  of  each  house  of  the  General  Assembly. 

2.  No  part  of  the  Constitution  of  this  State  shall  be  altered,  un- 
less a  bill  to  alter  the  same  shall  have  been  read  three  times  in  each 
house  of  the  General  Assembly,  and  agreed  to  by  three-fifths  of  the 
whole  number  of  members  of  each  house  respectively ;  nor  shall  any 
alteration  take  place  until  the  bill  so  agreed  to  shall  have  been  pub- 
lished six  months  previous  to  a  new  election  of  members  to  the 
General  Assembly.  If,  after  such  publication,  the  alteration  pro- 
posed by  the  preceding  General  Assembly  shall  be  agreed  to  in  the 
first  session  thereafter,  by  two  thirds  of  the  whole  representation  in 
each  house  of  the  General  Assembly,  after  the  same  shall  have  been 
read  three  times  on  three  several  days,  in  each  house,  then  the  said 
General  Assembly  shall  prescribe  a  mode  by  which  the  amendment 
or  amendments  may  be  submitted  to  the  qualified  voters  of  the 
House  of  Commons  throughout  the  State ;  and  if,  upon  comparing 
the  votes  given  in  the  whole  State,  it  shall  appear  that  a  majority  of 
the  voters  have  approved  thereof,  then,  and  not  otherwise,  the  same 
shall  become  a  part  of  the  Constitution. 

Sec.  II.  The  thirty-second  section  of  the  Constitution  shall  be 
amended  to  read  as  follows :  No  person  who  shall  deny  the  being 
of  God,  or  the  truth  of  the  Christian  religion,  or  the  divine  authority 
of  the  Old  or  New  Testament,  or  who  shall  hold  religious  principles 
incompatible  with  the  freedom  or  safety  of  the  State,  shall  be  capa- 
ble of  holding  any  office  or  place  of  trust  or  profit  in  the  civil  de- 
partment within  this  State. 

Sec.  III. — 1.  Capitation  tax  shall  be  equal  throughout  the  State, 
upon  all  individuals  subject  to  the  same. 

2.  All  free  males  over  the  age  of  twenty-one  years,  and  under  the 
age  of  forty-five  years,  and  all  slaves  over  the  age  of  twelve  years, 
and  under  the  age  of  fifty  years,  shall  be  subject  to  capitation  tax, 
and  no  other  person  shall  be  subject  to  such  tax :  provided,  that 
nothing  herein  contained  shall  prevent  exemptions  of  taxable  polls, 
as  heretofore  prescribed  by  law,  in  cases  of  bodily  infirmity. 

Sec.  IV.  No  person  who  shall  hold  any  office  or  place  of  trust  or 
profit  under  the  United  States,  or  any  department  thereof,  or  under 
this  State,  or  any  other  State  or  government,  shall  hold  or  exercise 
any  other  office  or  place  of  trust  or  profit  under  the  authority  of  this 
State,  or  be  eligible  to  a  seat  in  either  house  of  the  General  Assem- 
bly :  provided,  that  nothing  herein  contained  shall  extend  to  officers 
in  the  militia  ot  justices  of  the  peace. 


SOUTH  CAROLINA 


The  first  settlement  in  South  Carolina  was  made  at  Port  Royal,  m  1670. 
The  following  year  a  settlement  was  commenced  at  Old  Charleston  (above 
its  present  site.)  In  1680  they  abandoned  that  location,  and  laid  the  founda- 
tion of  the  present  city  of  Charleston.  In  1690  a  colony  of  French  refugees* 
settled  in  this  State,  In  1703  the  Church  of  England  was  established  by  law. 
But  things  were  in  a  very  unsettled  state  for  some  time,  and  in  1719  the  colo- 
nists renounced  the  proprietory  government.  In  1629  the  territory  was  pur- 
chased ol  the  proprietors,  as  narrated  in  the  account  of  North  Carolina.  In 
1752  about  1600  foreign  Protestants,  who  had  fled  from  persecution,  arrived  in 
Carolina,  which  added  much  interest  to  its  settlement.  This  State  suffered 
much  in  wars  with  the  Indians,  The  first  Constitution  was  formed  in  1775 — 
the  present  one  in  1790. 

The  British  troops  occupied  Charleston  in  1780.  Several  hard  battles  were 
fought  in  this  State,  the  most  important  of  which  was  at  Eutaw  Springs,  in 
1781,  which  in  effect  terminated  the  war  in  this  State. 

Area  25,000  sq.  m.  Pop.  18.50,  66S,.107,of  ^^hich  381,925  are  slaves,  Free 
blacks,  8.769. 


*  Huguenots, 


SOUTH    CAROLINA.  267 


CONSTITUTION, 

We,  the  Delegates  of  the  People  of  the  State  of  South  Carolina,  in 
general  Conv.ention  met,  do   ordain  and  establish  this  Constitution 


for  its  government. 


AETICLE  I. 


Sec.  1.  The  legislative  authority  of  this  State  shall  he  vested  in 
a  Greneral  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

2.  The  House  of  Representatives  shall  be  composed  of  members 
chosen  by  ballot,  every  second  year,  by  the  citizens  of  this  State, 
qualified  as  in  this  Constitution  is  provided. 

3.  The  several  election  districts  in  this  State  shall  elect  the  fol- 
lowing number  of  representatives,  viz.  :  Charleston,  including  St. 
Philip  and  St.  Michael,  fifteen  members ;  Christ  Church,  three 
members  ;  St.  John,  Berkley,  three  members  ;  St.  Andrew,  three 
members ;  St.  George,  Dorchester,  three  members ;  St.  James, 
Goose  Creek,  three  members;  St.  Thomas  and  St.  Dennis,  three 
members ;  St.  Paul,  three  members ;  St.  Bartholomew,  three 
members ;  St.  James,  Santee,  three  members ;  St.  John,  Colleton, 
three  members ;  St.  Stephen,  three  members ;  St.  Helena,  three 
members ;  St.  Luke,  three  members  ;  Prince  William,  three  mem- 
bers ;  St.  Peter,  three  members  ;  All  Saints,  (including  its  ancient 
boundaries,)  one  member  ;  Winyaw,  (not  including  any  part  of  All 
Saints,)  three  members  :  Kingston,  (not  including  any  part  of  All 
Saints,)  two  members ;  Williamsburg,  two  members  ;  Liberty,  two 
members ;  Marlborough,  two  members  ;  Chesterfield,  two  members  ; 
Darlington,  two  members ;  York,  three  members  ;  Chester,  two 
members  ;  Fairfield,  two  members  ;  Richland,  two  members  ;  Lan- 
caster, two  members ;  Kershaw,  two  members ;  Claremont,  two 
members ;  Clarendon,  two  members ;  Abbeville,  three  members ; 
Edgefield,  three  members  ;  Newberry,  (including  the  fork  between 
Broad  and  Saluda  rivers,)  three  members ;  Laurens,  three  mem- 
bers :.  Union,  two  members;  Spartan,  two.  members ;  Greenville, 
two  members ;  Pendleton,  three  members ;  St.  Matthew,  two  mem- 
bers ;  Orange,  two  members ;  Winton,  (including  the  district  be- 
tween Savannah  river,  and  the  north  fork  of  Edisto,)  three  members ; 
Saxe  Gotha,  three  members. 

4.  Every  free  white  man,  of  the  age  of  twenty-one  years,  being  a 
citizen  of  this  State,  and  having  resided  therein  two  years  previous 
to  the  day  of  election,  and  who  hath  a  freehold  of  fifty  acres  of  land, 
or  a  town  lot,  of  which  he  hath  been  legally  seized  and  possessed,  at 
least  six  months  before  such  election,  or,  not  having  such  freehold 
or  town  lot,  hath  been  a  resident  in  the  election  district,  in  which 
he  ofiers  to  give  his  vote,  six  months  before  the  said  election,  and 
hath  paid  a  tax  the  preceding  year  of  three  shillings  sterling  towards 


268  CONSTITUTION    OP 


tlie  support  of  tliis  government,  sliall  have  a  right  to  vote  for  a 
member  or  members,  to  serve  in  either  branch  of  the  Legislature, 
for  the  election  district  in  which  he  holds  such  property,  or  is  so 
resident. 

5.  The  returning  officer,  or  any  other  person  present,  entitled  to 
vote,  may  require  any  person  who  shall  offer  his  vote  at  an  election, 
to  produce  a  certificate  of  his  citizenship,  and  a  receipt  from  the 
tax  collector  of  his  having  paid  a  tax,  entitling  him  to  vote,  or  to 
swear,  or  affirm,  that  he  is  duly  qualified  to  vote  agreeably  to  this 
Constitution. 

6.  No  person  shall  be  eligible  to  a  seat  in  the  House  of  Repre- 
sentatives, unless  he  is  a  free  white  man,  of  the  age  ef  twenty-one 
years,  and  hath  been  a  citizen  and  resident  in,  this  State  three  years 
previous  to  his  election.  If  a  resident  in  the  election  district,  he 
shall  not  be  eligible  to  a  seat  in  the  House  of  Representatives, 
unless  he  be  legally  seized  and  possessed,  in  his  own  right,  of  a 
settled  freehold  estate  of  five  hundred  acres  of  land,  and  ten 
negroes  ;  or  of  a  real  estate,  of  the  value  of  one  hundred  and  fifty 
pounds  sterling,  clear  of  debt.  If  a  non-resident,  he  shall  be  legally 
seized  and  possessed  of  a  settled  freehold  estate  therein,  of  the 
value  of  five  hundred  pounds  sterling,  clear  of  debt. 

7.  The  Senate  shall  be  composed  of  members  to  be  chosen  for 
four  years,  in  the  following  proportions,  by  the  citizens  of  this  State, 
qualified  to  elect  members  to  the  House  of  Representatives,  at  the 
same  time,  in  the  same  manner,  and  at  the  same  places,  where  they 
shall  vote  for  representatives,  viz. :  Charleston^,  (including  St.  Philip 
and  St.  Michael,)  two  members ;  Christ  Church,  one  member ;  St. 
John,  Berkeley,  one  member  ;  St.  Andrew,  one  member ;  St.  George, 
one  member ;  St.  James,  Goose  Creek,  one  member ;  St.  Thomas 
and  St.  Dennis,  one  member ;  St.  Paul,  one  member ;  St.  Bartholo- 
mew, one  member ;  St.  James,  Santee,  one  member ;  St.  John,  Col- 
leton, one  member;  St.  Stephens,  one  member;  St.  Helena,  one 
member  ;  St.  Luke,  one  member  ;  Prince  William,  one  member  ;  St. 
Peter,  one  membo-r ;  All  Saints,  one  member ;  Winyaw  and  Wil 
liamsburgh,  one  member :  Liberty  and  Kingston,  one  member ;  Marl- 
borough, Chesterfield  and  Darlington,  two  members  ;  York,  one  mem- 
ber ;  Fairfield,  Richland  and  Chester,  one  member ;  Lancaster  and 
Kershaw,  one  member ;  Claremont  and  Clarendon,  one  member ; 
Abbeville,  one  member  ;  Edgefield,  one  member ;  Newbury,  (includ- 
ing the  fork  between  Broad  and  Saluda  rivers,)  one  member ;  Lau- 
rens, one  member ;  Union,  one  member  ;  Spartan,  one  member  ; 
Greenville,  one  member  ;  Pendleton,  one  member  ;  St.  Matthew  and 
Orange,  one  member ;  Winton,  (including  the  district  between  Sa- 
vannah river  and  the  north  fork  of  Edisto,)  one  member ;  Saxe 
Gotha,  one  member. 

8.  No  person  shall  be  eligible  to  a  seat  in  the  Senate,  unless  he  is 
a  free  white  man,  of  the  age  of  thirty  years,  and  hath  been  a  citizen 
and  resident  in  this  State  five  years  previous  to  his  election.     If  a 


SOUTH    CAROLINA.  269 


resident  in  the  election  district,  lie  shall  not  be  eligible  unless  he 
be  legally  seized  and  possessed,  in  his  own  right,  of  a  settled  free- 
hold estate  of  the  value  of  three  hundred  pounds  sterling,  clear  of 
debt.  If  a  non-resident  in  the  election  district,  he  shall  not  be  eli- 
gible unless  he  be  legally  seized  and  possessed,  in  his  own  right,  of 
a  settled  freehold  estate,  in  the  said  district,  of  the  value  of  one 
thousand  pounds  sterling,  clear  of  debt 

9.  Immediately  after  the  senators  shall  be  assembled,  in  consequence 
of  the  first  election,  they  shall  be  divided  by  lot  into  two  classes. 
The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year,  and  of  the  second  class,  at  the  end  of 
the  fourth  year ;  so  that  one-half  thereof,  as  near  as  possible,  may 
be  chosen,  forever  thereafter,  every  second  year,  for  the  term  of 
four  years. 

10.  Senators  and  members  of  the  House  of  Representatives  shall 
be  chosen  on  the  second  Monday  in  October  next,  and  the  day  fol- 
lowing :  and  on  the  same  days  in  every  second  year  thereafter,  in 
such  manner,  and  at  such  times,  as  are  herein  directed ;  and  shall 
meet  on  the  fourth  Monday  in  November  annually,  at  Columbia, 
(which  shall  remain  the  seat  of  government  until  otherwise  deter- 
mined, by  the  concurrence  of  two-thirds  of  both  branches  of  the 
whole  representation,)  unless  the  casualties  of  war,  or  contagious 
disorders  should  render  it  unsafe  to  meet  there ;  in  either  of  which 
cases,  the  Governor  or  commander-in-chief  for  the  time  being  may, 
by  proclamation,  appoint  a  more  secure  and  convenient  place  of 
meeting. 

11.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifi- 
cations of  its  own  members  ;  and  a  majority  of  each  house  shall  con- 
stitute a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  penalties  as  may 
be  provided  by  law. 

12.  Each  house  shall  choose  by  ballot  its  own  ofiicers,  determine 
its  rules  of  proceeding,  punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a  member,  but  not  a 
second  time  for  the  same  cause. 

13.  Each  house  may  punish,  by  imprisonment,  during  sitting,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by  any  disorderly  or  contemptuous  behavior  in  its  presence — or  who, 
during  the  time  of  its  sitting,  shall  threaten  harm  to  body  or  estate 
of  any  member,  for  anything  said  or  done  in  either  house  ;  or  who 
shall  assault  any  of  them  therefor ;  or  who  shall  assault  or  arrest 
any  witness  or  other  person  ordered  to  attend  the  house,  in  his  going 
to  or  returning  therefrom ;  or  who  shall  rescue  any  person  arrested 
by  order  of  the  house. 

14.  The  members  of  both  houses  shall  be  protected  in  their  per- 
sons and  estates,  during  their  attendance  on,  going  to,  and  returning 
from  the  Legislature,  and  ten  days  previous  to  their  sitting,  and  ten 


270  CONSTITUTION    OF 


days  after  the  adjournment  of  the  Legislature.  But  these  privileges 
shall  not  be  extended  so  as  to  protect  any  member  who  shall  be 
charged  with  treason,  felony,  or  breach  of  the  peace. 

15.  Bills  for  raising  a  revenue  shall  originate  in  the  House  of  Kep- 
resentatives,  but  may  be  altered,  amended,  or  rejected  by  the  Senate. 
All  other  bills  may  originate  in  either  house,  and  may  be  amended, 
altered,  or  rejected  by  the  other. 

16.  No  bill  or  ordinance  shall  have  the  force  of  law,  until  it  shall 
have  been  read  three  times,  and  on  three  several  days,  in  each  house, 
has  had  the  Great  Seal  affixed  to  it,  and  has  been  signed,  in  the 
Senate-House,  by  the  President  of  the  Senate  and  Speaker  of  the 
House  of  Representatives. 

17.  No  money  shall  be  drawn  out  of  the  public  treasury,  but  by 
the  legislative  authority  of  the  State. 

1 8.  The  members  of  the  Legislature,  who  shall  assemble  under 
this  Constitution,  shall  b€  entitled  to  receive  out  of  the  public  trea- 
sury, as  a  compensation  for  their  expenses,  a  sum  not  exceeding  seven 
shillings  sterling  a  day,  during  their  attendance  on,  going  to,  and 
returning  from  the  Legislature :  but  the  same  may  be  increased  or 
diminished  by  law,  if  circumstances  shall  require  ;  but  no  alterations 
shall  be  made  by  any  Legislature,  to  take  effect  during  the  existence 
of  the  Legislature  which  shall  make  such  alteration. 

19*.  Neither  house  shall,  durkig  their  session,  without  the  consent 
•  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 

20.  No  bill  or  ordinance,  which  shall  have  been  rejected  by  either 
house,  shall  be  brought  in  again  during  the  sitting,  without  leave  of 
the  house,  and  notice  of  six  days  being  previously  given. 

21.  No  person  shall  be  eligible  to  a  seat  in  the  Legislature  whilst 
he  holds  any  office  of  profit  or  trust  under  this  State,  the  United 
States,  or  either  of  them,  or  under  any  other  power — except  officers 
in  the  militia,  army,  or  navy  of  this  State,  justices  of  the  peace,  or 
justices  of  the  county  courts,  while  they  receive  no  salaries ;  nor 
shall  any  contractor  of  the  army  or  navy  of  this  State,  the  United 
States,  or  either  of  them,  or  the  agents  of  such  contractor,  be  eligi- 
ble to  a  seat  in  either  house.  And  if  any  member  shall  accept  or 
exercise  any  of  the  said  disqualifying  offices,  he  shall  vacatie  his 
seat. 

22.  If  any  election  district  shall  neglect  to  choose  a  member  or 
members,  on  the  days  of  election,  or  if  any  person  chosen  a  member 
of  either  house  shall  refuse  to  qualify  and  take  his  seat,  or  should 
die,  depart  the  State,  or  accept  any  disqualifying  office,  a  writ  of 
election  shall  be  issued  by  the  President  of  the  Senate,  or  Speaker 
of  the  House  of  Representatives,  as  the  case  may  be,  for  the  purpose 
of  filling  up  the  vacancy  thereby  occasioned,  for  the  remainder  of 
the  term  for  which  the  person  so  refusing  to  qualify,  dying,  depart- 
ing the  State,  or  accepting  a  disqualifying  office,  was  elected  to 
serve. 


SOUTH    CAROLINA.  271 


23.  And  whereas  the  ministers  of  the  Gospel  are,  hj  their  pro- 
fession, dedicated  to  the  service  of  Grod,  and  the  care  of*^  souls,  and 
ought  not  to  be  diverted  from  the  great  duty  of  their  functions : 
therefore,  no  minister  of  the  Grospel,  or  public  preacher,  of  any  re- 
ligious persuasion,  whilst  he  continues  in  the  exercise  of  his  pastoral 
functions,  shall  be  eligible  to  the  office  of  Grovernor,  Lieutenant- 
Crovernor,  or  a  seat  in  the  Senate  or  House  of  Representatives. 

ARTICLE  II.    ^ 

Sec.  1,  The  executive  authority  of  this  State  shall  be  invested  in 
a  Governor,  to  be  chosen  in  manner  following  :  as  soon  as  may  be, 
after  the  first  meeting  of  the  Senate  and  House  of  Representatives, 
and  at  every  first  meeting  of  the  House  of  Representatives  thereaf- 
ter, when  a  majority  of  both  houses  shall  be  present,  the  Senate  and 
House  of  Representatives  shall,  jointly,  in  the  House  of  Representa- 
tives, choose,  by  ballot,  a  Governor,  to  continue  for  two  years,  and 
until  a  new  election  shall  be  made.  • 

2.  No  person  shall  be  eligible  to  the  office  of  Governor,  unless  he 
hath  attained  the  age  of  thirty  years,  and  hath  resided  within  this 
State,  and  been  a  citizen  thereof,  ten  years,  and  unless  he  be  seized 
and  possessed  of  a  settled  estate  within  the  same,  in  his  own  right, 
of  the  value  of  fifteen  hundred  pounds  sterling,  clear  of  debt. 

No  person,  having  served  two  years  as  Governor,  shall  be  re-eligible, 
to  that  office,  till  after  the  expiration  of  four  years. 

No  person  shall  hold  the  office  of  Governor,  or  any  other  office  or 
commission,  civil  or  military,  except  in  the  militia,  either  in  this 
State  or  under  any  State,  or  the  United  States,  or  in  any  other 
power,  at  one  and  the  same  time. 

3.  A  Lieutenant-Governor  shall  be  chosen  at  the  same  time,  in 
the  same  manner,  continue  in  office  for  the  same  period,  and  be  pos- 
sessed of  the  same  qualifications,  as  the  Governor. 

4.  A  member  of  the  Senate  or  House  of  Representatives,  being 
chosen,  and  acting  as  Governor  or  Lieutenant-Governor,  shall  va- 
cate his  seat,  and  another  person  shall  be  elected  in  his  stead. 

5.  In  case  of  the  impeachment  of  the" Governor,  or  his  removal 
from  office,  death,  resignation,  or  absence  from  the  State,  th«  Lieu- 
tenant-Governor shall  succeed  to  his  office.  And  in  case  of  the  im- 
peachment of  the  Lieutenant-Governor,  or  his  removal  from  office, 
death,  resignation,  or  absence  from  the  State,  the  President  of  the 
Senate  shall  succeed  to  his  office,  till  a  nomination  to  those  offices 
respectively  shall  be  made  by  the  Senate  and  House  of  Representa- 
tives, for  the  remainder  of  the  time  for  which  the  officer  so  impeach- 
ed, removed  from  office,  dying,  resigning,  or  being  absent,  was 
elected. 

6.  The  Governor  shall  be  commander-in-chief  of  the  army  and 
navy  of  this  State,  and  of  the  militia,  except  when  they  shall  be 
called  into  the  actual  service  of  the  United  States. 


272  CONSTITUTION   OF 


7.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  con- 
viction, except  in .  cases  of  impeachment,  in  such  manner,  on  such 
terms,  and  under  restrictions,  as  he  shall  think  proper,  and  he  shall 
have  power  to  remit  fines  and  forfeitures,  unless  otherwise  directed 
by  law. 

8.  He  shall  take  care  that  the  laws  be  faithfully  executed  in 
mercy. 

9.  He  shall  have  power  to  prohibit  the  exportation  of  provision, 
for  any  time  not  exceeding  thirty  days. 

10.  He  shall,  at  stated  times,  receive  for  his  services  a  compensa- 
tion, which  shall  neither  be  increased  or  diminished  during  the 
period  for  which  he  shall  have  been  elected. 

11.  All  officers  in  the  executive  department,  when  required  by 
the  Grovernor,  shall  give  him  information,  in  writing,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

12.  The  Grovernor  shall,  from  time  to  time,  give  to  the  Greneral 
Assembly  information  of  the  condition  of  the  State,  and  recom- 
mend to  their  coirsideration  such  measures  as  he  shall  judge  neces- 
sary or  expedient. 

13.  He  may,  on  extraordinary  occasions,  converte  the  General 
Assembly,  and,  in  case  of  disagreement  between  the  two  houses 
with  respect  to  the  time  of  adjournment,  adjourn  them  to  such  time 
as  he  shall  think  proper,  not  beyond  the  fourth  Monday  in  the 

•month  of  November  then  ensuing. 

ARTICLE  III. 

Sec.  1.  The  judicial  power  shall  be  vested  in  such  superior  and 
inferior  courts  of  law  and  equity,  as  the  Legislature  shall,  from  time 
to  time,  direct  and  establish. 

The  judges  of  each  shall  hold  their  commissions  during  good 
behavior ;  and  judges  of  the  superior  courts  shall,  at  stated  times, 
receive  a  compensation  for  their  services,  which  shall  neither  be 
increased  or  diminished  during  their  continuance  in  office :  but  they 
shall  receive  no  fees  or  perquisites  of  office,  nor  hold  any  other  office 
of  profit  or  trust,  under  this  State,  the  United  States,  or  any  other 
power. 

2.  The  style  of  all  processes  shall  be,  "  the  State  of  South  Caro- 
lina.'''' All  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  State  of  South  Carolina,  and  conclude — "  against 
the  peace  and  dignity  of  the  same." 

ARTICLE  IV. 

All  persons  who  shall  be  chosen  or  appointed  to  any  office  of 
profit  or  trust,  before  entering  on  the  execution  thereof,  shall  take 
the  following  oath :  "  I  do  swear  (or  affirm)  that  I  am  duly  qualified, 
according  to  the  Constitution  of  this  State,  to  exercise  the  office  to 
which  I  have  been  appointed,  and  will  to  the  best  of  my  abilities, 


SOUTH    CAROLINA.  273 


discharge  the  duties  thereof,  and  preserve,  protect,  and  defend  the 
Constitution  of  this  State,  and  of  the  United  States." 

ARTICLE  Y. 

Sec.  1.  That  the  House  of  Representatives  shall  have  the  sole 
power  of  impeaching ;  but  no  impeachment  shall  be  made,  unless 
with  the  concurrence  of  two-thirds  of  the  House  of  Representatives. 

2.  All  impeachments  shall  be  tried  by  the  Senate.  When  sit- 
ting for  that  purpose,  the  Senators  shall  be  on  oath  or  or  affirma- 
tion :  and  no  person  shall  be  convicted  without  the  ct)ncurrence  of 
two-thirds  of  the  members  present. 

3.  The  Grovernor,  Lieutenant-Governor,  and  all  the  civil  officers, 
shall  be  liable  to  impeachment  for  any  misdemeanor  in  office ;  but 
judgment  in  such  cases  shall  not  extend  further  than  to  a  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor,  trust, 
or  profit,  under  this  State.  The  party  convicted  shall,  nevertheless, 
be  liable  to  indictment,  trial,  judgment,  and  punishment,  according 
to  law. 

ARTICLE  VI 

Sec.  1.  The  judges  of  the  superior  courts,  the  commissioners  of 
the  treasury,  Secretary  of  the  State,  and  Surveyor-General,  shall  be 
elected  by  the  joint  ballot  of  both  houses,  in  the  House  of  Repre- 
sentatives. The  commissioners  of  the  treasury.  Secretary  of  this 
State,  and  Surveyor-General,  shall  hold  their  offices  for  four  years  :- 
but  shall  not  be  eligible  again  for  four  years  after  the  expiration  of 
the  time  for  which  they  shall  have  been  elected. 

2.  All  other  officers  shall  be  appointed  as  they  hitherto  have  been, 
until  otherwise  directed  by  law ;  but  sheriff's  shall  hold  their  offices 
for  four  years,  and  not  be  again  eligible  for  four  years  after  the 
term  for  which  they  shall  have  been  elected. 

3.  All  commissions  shall  be  in  the  name  and  by  the  authority  of 
the  State  of  South  Carolina,  and  be  sealed  with  the  seal  of  the  State, 
and  be  signed  by  the  Governor. 

ARTICLE  VIL 

All  laws  in  force  in  this  State  at  the  passing  of  this  Constitution, 
shall  so  continue  until  altered  or  repealed  by  the  Legislature ;  ex- 
cept where  they  are  temporary,  in  which  case  they  shall  expire  at 
the  times  respectively  limited  for  their  duration,  if  not  continued  by 
act  of  the  Legislature. 

ARTICLE  Yin. 

Sec.  1.  The  free  exercise  and  enjoyment  of  religious  profession 
and  worship,  without  discrimination  or  preference,  shall,  forever 
hereafter,  be  allowed  within  this  State  to  all  mankind :  Provided, 
that  the  liberty  of  conscience  thereby  declared,  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  State. 


274  CONSTITUTION    OF 


2.  The  rights,  privileges,  immunities,  and  estates  of  both  civil  and 
religious  societies  and  of  corporated  bodies,  shall  remain  as  if  the 
Constitution  of  this  State  had  not  been  altered  or  amended. 

ARTICLE  IX. 

Sec.  1.  All  power  is  originally  vested  in  the  people ;  and  all 
free  governments  are  founded  on  their  authority,  and  are  instituted 
for  their  peace,  safety,  and  happiness. 

2.  No  freeman  of  this  State  shall  be  taken,  or  imprisoned,  or 
disseized  of  his  freehold,  liberties,  or  privileges,  or  outlawed,  or  ex- 
iled, or  in  any  manner  destroyed,  or  deprived  of  his  life,  liberty,  or 
property,  but  by  the  judgment  of  his  peers,  or  by  the  law  of  the 
land  :  nor  shall  any  bill  of  attainder,  ex  post  facto  law,  or  law  im- 
pairing the  obligation  of  contracts,  ever  be  passed  by  the  Legislature 
of  this  State. 

3.  The  military  shall  be  subordinate  to  the  civil  power. 

4.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted. 

5.  The  Legislature  shall  not  grant  any  title  of  nobility  or  hered 
itary  distinction,  nor  create  any  ofi&ce,  the  appointment  to  which  shall 
be  for  any  longer  time  than  during  good  behavior. 

6.  The  trial  by  jury,  as  heretofore  used  in  this  St^te,  and  the  lib- 
erty of  the  press,  shall  be  forever  inviolably  preserved. 

ARTICLE  X. 

Sec.  1.  The  business  of  the  treasury  shall  be  in  future  conducted 
by  two  treasurers,  one  of  whom  shall  hold  his  office  and  reside  in 
Columbia ;  and  the  other  shall  hold  his  office  and  reside  in  Charles- 
ton. 

2.  The  Secretary  of  State  and  Surveyor-ironeral  shall  hold  their 
offices  both  in  Columbia  and  in '  Charleston.  They  shall  reside  at 
one  place,  and  their  deputies  at  the  other. 

3.  At  the  conclusion  of  the  circuits,  the  judges  shall  meet  and  sit 
at  Columbia,  for  the  purpose  of  hearing  and  determining  all  motions 
which  may  be  made  for  new  trials,  and  in  arrest  of  judgments,  and 
such  points  of  law  as  may  be  submitted  to  them.  From  Columbia 
they  shall  proceed  to  Charleston,  and  there  hear  and  determine  all 
such  motions  for  new  trials,  and  in  arrest  of  judgment,  and  such 
points  of  law  as  may  be   submitted  to  them. 

4.  The  G-overnor  shall  always  preside,  during  the  sitting  of  the 
Legislature,  at  the  place  where  their  sessions  may  be  held,  and  at 
all  other  times,  wherever,  in  his  opinion,  the  public  good  may  re- 
quire. 

5.  The  Legislature  shall,  as  soon  as  may  be  convenient,  pass  laws 
for  the  abolition  of  the  rights  of  primogenitures,  and  for  giving  an 
equitable  distribution  of  the  real  estate  of  intestates. 


SOUTH    CAROLINA.  275 


ARTICLE  XL 

No  convention  of  the  people  shall  be  called,  unless  by  the  concur- 
rence of  two-thirds  of  both  branches  of  the  whole  representation. 

No  part  of  this  Constitution  shall  be  altered,  unless  a  bill  to  alter 
the  same  shall  have  been  read  three  times  in  the  House  of  Repre- 
sentatives, and  three  times  in  the  Senate,  and  agreed  to  by  two-thirds 
of  both  branches  of  the  whole  representation  ;  neither  shall  any  al- 
teration take  place  until  the  bill  so  agreed  to  be  published  three 
months  previous  to  a  new  election  for  members  to  the  House  of  Rep- 
resentatives ;  and  if  the  alteration  proposed  by  the  Legislature  shall 
be  agreed  to  in  their  first  session  by  two-thirds  of  the  whole  repre- 
sentation in  both  branches  of  the  Legislature,  after  the  same  shall 
have  been  read  three  times,  on  three  several  days  in  each  house,  then 
and  not  otherwise,  the  same  shall  become  a  part  of  the  Constitution. 


I 


AMENDMENTS  TO  THE  CONSTITUTION. 

ATMndmcnts  ratified  December  17,    1808. 

The  following  sections,  in  amendment  of  the  third,  seventh,  and 
ninth  sections  of  the  first  article  of  the  Constitution  of  this  State, 
shall  be,  and  they  are  hereby  declared  to  be,  valid  parts  of  the  said 
Constitution  ;  and  the  said  third,  seventh,  and  ninth  sections,  or  such 
parts  thereof  as  are  repugnant  to  such  amendments,  are  hereby  re- 
pealed and  made  void. 

Sec.  1.  The  House  of  Representatives  shall  consist  of  one  hun- 
dred and  twenty  four  members,  to  be  apportioned  among  the  several 
election  districts  of  the  State,  according  to  the  number  of  white  in- 
habitants contained,  and  the  amount  of  all  taxes  raised  by  the  Leg- 
islature, whether  direct  or  indirect,  or  of  whatever  species,  paid  in 
each,  deducting  therefrom  all  taxes  paid  on  account  of  property  held 
in  any  other  district,  and  adding  thereto  all  taxes  elsewhere  paid  on 
account  of  property  held  in  such  district.  An  enumeration  of  the 
white  inhabitants,  for  this  purpose,  shall  be  made  in  the  year  one 
thousand  eight  hundred  and  nine,  and  in  the  course  of  every  tenth 
year  thereafter,  in  such  manner  as  shall  be  by  law  directed  :  and 
representatives  shall  be  assigned  to  the  different  districts  in  the 
above  mentioned  proportion,  by  act  of  the  Legislature,  at  the  ses- 
sion immediately  succeeding  the  above  numeration. 

'2.  If  the  enumeration  herein  directed  should  not  be  made  in  the 
course  of  the  year  appointed  for  the  purpose  by  these  amendments, 
it  shall  be  the  duty  of  the  Governor  to  have  it  effected  as  soon 
tliereafter  as  shall  be  practicable. 

3'  In  assigning  representatives  to  the    seveial  districts   of  the 


276  CONSTITUTION    OP 


State,  the  Legislature  shall  allow  one  representative  for  every 
sixty-second  part  of  the  whole  number  of  white  inhabitants  in  the 
State  ;  and  one  representative  also  for  every  sixty-second  part  of  the 
whole  taxes  raised  by  the  Legislature  of  the  State.  The  Legisla- 
ture shall  further  allow  one  representative  for  such  fractions  of  the 
sixty-second  part  of  the  white  inhabitants  of  the  State,  and  of  the 
sixty-second  part  of  the  taxes  raised  by  the  Legislature  of  the  State, 
as,  when  added  together,  form  a  unit. 

4.  In  every  apportionment  of  representation  under  these  amend- 
ments, which  shall  take  place  after  the  first  apportionment,  the 
amount  of  taxes  shall  be  estimated  from  the  average  of  the  ten  preced- 
ing years ;  but  the  first  apportionment  shall  be  founded  upon 
the  tax  of  the  preceding  year,  excluding  from  the  amount  thereof 
the  whole  produce  of  the  tax  on  sales  at  public  auction. 

5.  If,  in  the  apportionment  of  representatives  under  these  amend- 
ments, any  election  district  shall  appear  not  to  be  entitled,  from  its 
population  and  its  taxes,  to  a  representative,  such  election  district 
shall,  nevertheless,  send  one  representative  ;  and,  if  there  should  be 
still  a  deficiency  of  the  number  of  representatives  required  by  these 
amendments,  such  deficiency  shall  be  supplied  by  assigning  repre- 
sentatives to  those  election  districts  having  the  largest  surplus 
fractions  ;  whether  those  fractions  consist  of  a  combination  of  popu- 
lation and  of  taxes,  or  of  population  or  of  taxes  separately,  until  the 
number  of  one  hundred  and  twenty-four  members  be  provided. 

6.  No  apportionment,  under  these  amendments  shall  be  con- 
strued to  take  effect,  in  any  manner,  until  the  general  election 
which  shall  succeed  such  apportionment. 

7.  The  election  districts,  for  members  of  the  House  of  Representa- 
tives, shall  be  and  remain  as  heretofore  established,  except  Saxe 
Gotha  and  Newberry  ;  in  which  the  boundaries  shall  be  altered,  as 
follows,  viz  :  That  part  of  Lexington  in  the  fork  of  Broad  and  Sa- 
luda rivers,  shall  no  longer  compose  a  part  of  the  election  district 
of  Newberry,  but  shall  be  henceforth  attached  to,  and  form  a  part 
of  Saxe  Gotha.  And,  also,  except  Orange  and  Barnwell,  or  Winton, 
in  which  the  boundaries  shall  be  altered  as  follows,  viz. :  That  part 
of  Orange  in  the  fork  of  Edisto  shall  no  longer  compose  a  part  of 
the  election  district  of  Barnwell,  or  Winton,  but  shall  be  henceforth 
attached  to,  and  form  a  part  of,  Orange  election  district. 

8.  The  Senate  shall  be  composed  of  one  member  from  each  elec- 
tion district,  as  now  established  for  the  election  of  members  of  the 
House  of  Bepresentatives,  except  the  district  formed  by  the  par- 
ishes'of  St.  Philip  and  St.  Michael,  to  which  shall  be  allowed  two 
senators,  as  heretofore. 

9.  The  seats  of  those  senators  who  under  the  Constitution  shall 
represent  two  or  more  election  districts,  on  the  day  preceding  the 
second  Monday  of  October,  which  will  be  in  the  year  one  thousand 
eight  hundred  and  ten,  shall  be  vacated  on  that  day,  and  the  new 
senators  who  shall  represent  such  districts   under  these  amend- 


SOUTH    CAROLINA.  277 


ments,  shall,  immediately  after  they  shall  have  been  assembled  un- 
der the  first  election,  be  divided  by  lots  into  two  classes  ;  the  seats 
of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year,  and  of  the  second  class,  at  the  expiration  of  the 
fourth  year  ;  and  the  number  in  these  classes  shall  be  so  propor- 
tioned, that  one-half  of  the  whole  number  of  senators  may,  as  nearly 
as  possible,  continue  to  be  chosen  thereafter  every  second  year. 

10.  None  of  these  amendments  becoming  parts  of  the  Constitu- 
tion of  this  State  shall  be  altered,  unless  a  bill  to  alter  the  same 
shall  have  been  read  on  three  several  days  in  the  House  of  Repre- 
sentatives, and  on  three  several  days  in  the  Senate,  and  agreed  to 
at  the  second  and  third  reading  by  two-thirds  of  the  whole  repre- 
sentation in  each  branch  of  the  Legislature  ;  neither  shall  any  alter- 
ation take  place,  until  the  bill  so  agreed  to  be  published  three 
months  previous  to  a  new  election  for  members  to  the  House  of 
Representatives ;  and  if  the  alteration  proposed  by  the  Legislature 
shall  be  agreed  to  in  their  first  session,  by  two-thirds  of  the  whole 
representation,  in  each  branch  of  the  Legislature,  after  the  same 
shall  have  been  read  on  three  several  days  in  each  house,  then,  and 
not  otherwise,  the  same  shall  become  a  part  of  the  Constitution. 

Amendment  ratified  December  19,  1816. 

That  the  third  section  of  the  tenth  article  of  the  Constitution  of 
this  State  be  altered  and  amended  to  read  as  follows :  The  judges 
shall,  at  such  times  and  places  as  shall  be  prescribed  by  act  of  the 
Legislature  of  this  State,  meet  and  sit  for  the  purpose  of  hearing 
and  determining  all  motions  which  may  be  made  for  new  trials, 
and  in  arrest  of  judgment,  and  such  points  of  law  as  may  be  sub- 
mitted to  them. 


GEORGIA. 


Georgia  was  the  latest  settled  of  the  original  thirteen  States.  In  1732, 
George  II.  (for  whom  the  State  was  named),  granted  this  territory  to  a 
a  company  of  benevolent  individuals,  for  the  purpose  of  providing  an  asylum 
for  the  poor  of  England,  and  for  the  persecuted!^  Protestants  of  all  nations. 
The  affairs  of  the  colony  were  committed  to  a  board  of  20  trustees.  In  1733 
James  Oglethorpe,  with  130  emigrants,  commenced  a  settlement  at  Savannah 
The  next  year  a  large  number  of  poor  persons  arrived.  But  many  of  these 
emigrants  were  found  to  be  idle  and  inefficient.  This  led  the  trustees  to  make 
liberal  offers  to  any  who  would  settle  in  this  colony.  By  this  hundreds  were 
induced  to  come  over  from  Scotland,  Germany,  and  Switzerland.  In  1740  as 
many  as  2500  emigrants  had  settled  in  this  colony,  of  whom  more  than  1500 
were  the  poor  of  Europe,  and  for  whose  support  the  trustees  had  expended 
S500,000.  But  the  trustees,  being  disappointed  in  their  expectations,  gave  up 
their  charter  in  1752,  and  Georgia  was  brought  under  regulations  similar  to  the 
other  colonies.  The  first  Constitution  was  formed  in  1777,  the  second  in 
1785,  and  the  present  one  in  1798 — and  was  amended  in  1839. 

Area  58,000  sq.  m.  Pop.  1850,  905,999,  of  which  362,966  were  slaves,  and 
2,586,  Free  blacks. 

CONSTITUTION. 

ARTICLE  I. 

Sec.  1 .  The  legislative,  executive,  and  judiciary  departments  of 
government  shall  be  distinct,  and  each  department  shall  be  confided 
to  a  separate  body  of  magistracy  :  and  no  person  or  collection  of 
persons,  being  of  one  of  those  departments,  shall  exercise  any  power 
properly  attached  to  either  of  the  others,  except  in  the  instances 
herein  expressly  permitted. 


GEORGIA.  279 


2.  The  legislative  power  shall  be  vested  in  two  separate  and  dis- 
tinct branches,  to  wit :  a  Senate  and  House  of  Representatives,  to 
be  styled  "  /Ae  General  Assembly.''^ 

3.  The  Senate  shall  be  elected  annually,  on  the  first  Monday  in 
November,  until  such  day  of  election  be  altered  by  law ;  and  shall 
be  composed  of  one  member  from  each  county,  to  be  chosen  by  the 
electors  thereof 

4.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  twenty-five  years  ;  and  have  been  nine  years  a  citizen  of  the 
United  States,  and  three  years  an  inhabitant  of  this  State,  and  shall 
have  usually  resided  within  the  county  for  which  he  shall  be  returned, 
at  least  one  year  immediately  preceding  his  election,  except  persons 
who  may  have  been  absent  on  public  business  of  this  State  or  of  the 
United  States,)  and  is,  and  shall  have  been  possessed,  in  his  own 
right,  of  a  settled  freehold  estate  of  the  value  of  five  hundred  dol- 
lars, or  of  taxable  property  to  the  amount  of  one  thousand  dollars, 
within  the  county,  or  for  one  year  preceding  his  election  ;  and  whose 
estate  shall,  on  a  reasonable  estimation,  be  fully  competent  to  the 
discharge  of  his  just  debts,  over  and  above  that  sum. 

5.  The  Senate  shall  elect,  by  ballot,  a  president  out  of  their  own 
body. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation : 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present.  Judgment  in  cases  of  impeachment 
shall  not  extend  further  than  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit,  within  this 
State  ;  but  the  party  convicted  shall,  nevertheless,  be  subject  to  in- 
dictment, trial,  judgment,  and  punishment,  according  to  law. 

7.  The  House  of  Representatives  shall  be  composed  of  members 
from  all  the  counties  which  now  are,  or  hereafter  may  be,  included 
within  this  State,  according  to  their  respective  numbers  of  free  white 
persons,  and  including  three-fifths  of  all  the  people  of  color.  The 
actual  enumeration  shall  be  made  within  two  years,  and  within  every 
subsequent  term  of  seven  years  thereafter,  at  such  time  and  in  such 
manner  as  this  Convention  may  direct.  Each  county  containing 
three  thousand  persons,  agreeably  to  the  foregoing  plan  of  enumera- 
tion, shall  be  entitled  to  two  members :  seven  thousand  to  three 
members  ;  and  twelve  thousand  to  four  members  :  but  each  county 
shall  have  at  least  one,  and  not  more  than  four  members ;  the  rep- 
resentatives shall  be  chosen  annually,  on  the  first  Monday  in  No- 
vember, until  such  day  of  election  be  altered  by  law.  Until  the 
aforesaid  enumeration  shall  be  made,  the  several  counties  shall  be 
entitled  to  the  following  number  of  representatives,  respectively : 
Camden  two ;  Grlynn  two ;  Liberty  three ;  M'Intosh  two ;  Bryan 
one ;  Chatham  four ;  Effingham  two  ;  Scriven  two :  Montgomery 
two ;  Burke  three  ;  Bullock  one ;  Jeffisrson  three ;  Lincoln  two ; 
Elbert  three ;  Jackson  two :  Richmond  three :  Wilkeb  four ;  Colum- 

21 


280  CONSTITUTION    OF 


bia  three  ;  Warren  three  ;  Washington  three  ;  Hancock  four ;  Greene 
three;   Oglethorpe  three;  and  Franklin  two. 

8.  No  person  shall  be  a  representative  who  shall  not  have  attained 
to  the  age  of  twenty-one  years,  and  have  been  seven  years  a  citizen 
of  the  United  States,  three  years  an  inhabitant  of  this  State,  and 
have  usually  resided  in  the  county  in  which  he  shall  be  chosen,  one 
year  immediately  preceding  his  election,  (unless  he  shall  have  been 
absent  on  public  business  of  this  State  or  of  the  United  States.) 
and  shall  be  possessed  in  his  own  right  of  a  settled  freehold  estate 
of  the  value  of  two  hundred  and  fifty  dollars,  or  of  taxable  property 
to  the  amount  of  five  hundred  dollars  within  the  county,  for  one 
year  preceding  his  election ;  and  whose  estate  shall,  on  a  reasonable 
estimation,  be  competent  to  the  discharge  of  his  just  debts,  over  and 
above  that  sum. 

9.  The  House  of  Representatives  shall  choose  their  speaker  and 
other  ofl&cers. 

10.  They  shall  have  solely  the  power  to  impeach  all  persons  who 
have  been  or  may  be  in  office. 

1 1.  No  person  holding  any  military  commission  or  other  appoint- 
ment, having  any  emolument  or  compensation  annexed  thereto,  un- 
der this  State  or  the  United  States,  or  either  of  them,  except  justices 
of  the  inferior  court,  justices  of  the  peace,  and  officers  of  the  militia, 
nor  any  person  who  has  had  charge  of  public  moneys  belonging  to 
the  State,  unaccounted  for  and  unpaid,  or  who  has  not  paid  all  legal 
taxes  or  contributions  to  the  govern^ient  required  of  him,  shall  have 
a  seat  in  either  branch  of  the  Greneral  Assembly ;  "nov  shall  any 
senator  or  representative  be  elected  to  any  office  or  appointment  bj" 
the  Legislature,  having  any  emoluments  or  compensation  annexed 
thereto,  during  the  time  for  which  he  shall  have  been  elected,  with 
the  above  exception,  unless  he  shall  decline  accepting  his  seat,  by 
notice  to  the  executive  within  twenty  days  after  he  shall  have  been 
elected ;  nor  shall  any  member,  after  having  taken  his  seat,  be  eligi- 
ble to  any  of  the  aforesaid  offices  or  appointments  during  the  time 
for  which  he  shall  have  been  elected. 

12.  The  meeting  of  the  General  Assembly  shall  be  annually,  on 
the  second  Tuesday  in  January,  until  such  day  of  meeting  be  altered 
by  law :  a  majority  of  each  branch  shall  be  authorized  to  proceed  to 
business  ;  bat  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  their  members  in  such  manner  as  each 
house  may  prescribe. 

]  3.  Each  house  shall  be  the  judges  of  the  elections,  returns,  and 
qualifications  of  its  own  members  ;  with  powers  to  expel  or  punish, 
by  censuring,  fining,  and  imprisoning,  or  either,  for  disorderly  be- 
havior ;  and  may  expel  any  person  convicted  of  any  felonious  or  in- 
famous offence ;  each  house  may  punish  by  imprisonment,  during 
session,  any  person  not  a  member,  who  shall  be  guilty  of  disrespect 
by  any  disorderly  or  contemptuous  behavior  in  its  presence,  or  who, 
during  session,  shall  threaten  harm  to  the  body  or  estate  of  any 


GEORGIA.  281 


member,  for  anything  said  or  done  in  either  house,  or  who  shall 
assault  any  of  them  therefor ;  or  who  shall  assault  or  arrest  any  wit- 
ness in  going  to  or  returning  from,  or  who  shall  rescue  any  person 
arrested  "by  order  of  either  house. 

14.  No  senator  or  representative  shall  be  liable  to  be  arrested  dur- 
ing his  attendance  on  the  General  Assembly,  or  for  ten  days  previous 
to  its  sitting,  or  for  ten  days  after  the  rising  thereof,  except  for  trea- 
son, felony,  or  breach  of  the  peace ;  nor  shall  any  member  be  liable 
to  answer  for  any  thing  spoken  in  debate  in  either  house,  in  any 
court  or  place  elsewhere  ;  but  shall  nevertheless  be  bound  to  answer 
for  perjury,  bribery,  or  corruption. 

15.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them  immediately  after  their  adjournment ;  and  the  yeas  and 
nays  of  the  members  on  any  question  shall,  at  the  desire  of  any  two 
members,  be  entered  on  the  journals. 

1 6.  All  bills  for  raising  revenue  or  appropriating  moneys,  shall 
originate  in  the  House  of  Representatives ;  but  the  Senate  shall 
propose  or  concur  with  amendments,  as  in  other  bills. 

1 7.  Every  bill  shall  be  read  three  times  and  on  three  separate 
days,  in  each  branch  of  the  General  Assembly,  before  it  shall  pass, 
unless  in  cases  of  actual  invasion  or  insurrection  ;  nor  shall  any  law 
or  ordinance  pass,  containing  any  matter  different  from  what  is  ex- 
pressed in  the  title  thereof ;  and  all  acts  shall  be  signed  by  the 
President  in  the  Senate,  and  Speaker  in  the  House  of  Representa- 
tives :  No  bill  or  ordinance  which  shall  have  been  rejected  by  either 
house,  shall  be  brought  in  again  during  the  session,  under  the  same 
or  any  other  title,  without  the  consent  of  two-thirds  of  each  branch. 

18.  Each  senator  and  representative  before  he  be  permitted  to 
take  his  seat,  shall  take  an  oath,  or  make  affirmation,  that  he  hath 
not  practised  any  unlawful  means,  either  directly  or  indirectly,  to 
procure  his  election ;  and  every  person  shall  be  disqualified  from 
serving  as  a  Senator  or  Representative,  for  the  term  for  which  he 
shall  have  been  elected,  who  shall  be  convicted  of  having  given  or 
offered  any  bribe,  or  treat,  or  canvassed  for  such  election  ;  and  every 
candidate  employing  like  means,  and  not  elected,  shall,  on  convic- 
tion, be  ineligible  to  hold  a  seat  in  either  house,  or  to  hold  any  office 
of  honor  or  profit  for  the  term  of  one  year,  and  to  such  other  disa- 
bilities or  penalties  as  may  be  prescribed  by  law. 

19.  Every  member  of  the  Senate  and  House  of  Representatives 
shall,  before  he  takes  his  seat,  take  the  following  oath  or  affirmation, 
to  wit :  "  I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  have  not  obtained  my  election  by  bribery,  treats,  canvassing, 
or  other  undue  or  unlawful  means,  used  by  myself,  or  others  by  my 
desire  or  approbation,  for  that  purpose  ;  that  I  consider  myself  con- 
stitutionally qualified  as  a  Senator  or  Representative  ;  and  that,  on 
all  questions  and  measures  which  may  come  before  me,  I  will  give 

*my  vote,  and  so  conduct  myself,  as  may,  in  my  judgment,  appear 
most  conducive  to  the   interest  and  prosperity  of  this  State :  and 


282  CONSTITUTION    OF 


that  I  will  bear  true  faith  and  allegiance  to  the  same ;  and  to  the 
utmost  of  my  power  and  ability  observe,  conform  to,  support,  and 
defend  the  Constitution  thereof" 

20.  No  person  who  hath  been  or  may  be  convicted  of  felony  be- 
fore any  court  of  this  State,  or  any  of  the  United  States,  shall  be 
eligible  to  any  office  or  appointment  of  honor,  profit,  or  trust,  within 
this  State. 

21.  Neither  house,  during  the  session  of  the  General  Assembly, 
shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  at  which  the  two  branches 
shall  be  sitting ;  and  in  case  of  disagreement  between  the  Senate 
and  House  of  Representatives,  with  respect  to  their  adjournment, 
the  Governor  may  adjourn  them. 

22.  The  General  Assembly  shall  have  power  to  make  all  laws 
and  ordinances  which  they  shall  deem  necessary  and  proper  for  the 
good  of  the  State,  which  shall  not  be  repugnant  to  this  Consti- 
tution. 

23.  They  shall  have  power  to  alter  the  boundaries  of  the  present 
counties,  and  lay  oif  new  ones,  as  well  out  of  the  counties  already 
laid  ofi",  as  out  of  the  other  territory  belonging  to  the  State  ;  but 
the  property  of  the  soil,  in  a  free  government,  being  one  of  the  es- 
sential rights  of  a  free  people,  it  is  necessary,  in  order  to  avoid  dis- 
putes, that  the  limits  of  this  State  should  be  ascertained  with  pre- 
cision and  exactness  ;  and  this  Convention,  composed  of  the  imme- 
diate representatives  of  the  people,  chosen  by  them  to  assert  their 
rights,  to  revise  the  powers  given  by  them  to  the  government,  and 
from  whose  will  all  ruling  authority  of  right  flows,  doth  assert  and 
declare,  the  boundaries  of  this  State  shall  be  as  follows,  that  is  to 
say :  the  limits,  boundaries,  jurisdictions,  and  authority  of  the  State 
of  Georgia,  do,  and  did,  and  of  right  ought  to,  extend  from  the  sea 
or  mouth  of  the  river  Savannah,  along  the  northern  branch  or 
stream  thereof,  to  the  fork  or  confluence  of  the  rivers  now  called 
Tugalo  and  Keowee,  and  from  thence  along  the  most  northern 
branch  or  stream  of  the  said  river  Tugalo,  till  it  intersect  the  north- 
ern boundary  line  of  South  Carolina,  if  the  said  branch  or  stream  of 
Tugalo  extends  so  far  north,  reserving  all  the  islands  in. the  said 
river  Savannah  and  Tugalo  to  Georgia  ;  but,  if  the  head  spring  or 
source  of  any  branch  or  stream  of  the  said  river  Tugalo  does  not 
extend  to  the  north  boundary  line  of  South  Carolina,  then  a  west 
line  to  the  Mississippi,  to  be  drawn  from  the  head  spring  or  source 
of  the  said  branch  or  stream  of  Tugalo  river,  which  extends  to  the 
highest  northern  latitude  :  thence,  down  the  middle  of  the  said  river 
Mississippi,  until  it  shall  intersect  the  northernmost  part  of  the  thirty- 
first  degree  of  north  latitude ;  south,  by  a  line  drawn  due  east, 
from  the  termination  of  the  line  last  mentioned,  in  the  latitude  of 
thirty-one  degrees  north  of  the  equator,  to  the  middle  of  the  river 
Apalachicola,  or  Chatahoochee  :  thence,  along  the  middle  thereof,  to 
its  junction  with  Flint  river  ;  thence,  straight  to  the  head  of  St. 


GEORGIA.  283 


Mary's  river ;  and  thence,  along  the  middle  of  St.  Mary's  river,  to 
the  Atlantic  ocean,  and  from  thence  to  the  mouth  or  inlet  of  Sa- 
vannah river,  the  place  of  beginning :  including  and  comprehending 
all  the  lands  and  waters  within  the  said  limits,  boundaries,  and  ju- 
risdictional rights  ;  and  also  all  the  islands  within  twenty  leagues 
of  the  sea  coast.  And  this  Convention  doth  further  declare  and  as- 
sert, that  all  the  territory  without  the  present  temporary  line,  and 
within  the  limits  aforesaid,  is  now,  of  right,  the  property  of  the  free 
citizens  of  this  State,  and  held  by  them  in  sovereignty,  inalienable 
but  by  their  consent.  Provided,  nevertheless,  That  nothing  herein 
contained  shall  be  construed  so  as  to  prevent  a  sale  to,  or  contract 
with  the  United  States,  by  the  Legislature  of  this  State,  of  and  for 
all  or  any  part  of  the  western  territory  of  this  State,  lying  westward 
of  the  river  Chatahoochee,  on  such  terms  as  may  be  beneficial  to 
both  parties  ;  and  may  procure  an  extension  of  settlement,  and  ex- 
tinguishment of  Indian  claims,  in  and  to  the  vacant  territory  of  this 
State  to  the  east  and  north  of  the  said  river  Chatahoochee,  to  which 
territory,  such  power  of  contract  or  sale,  by  the  Legislature,  shall 
not  extend :  And  provided  also,  The  Legislature  may  give  its  con- 
sent to  the  establishment  of  one  or  more  governments  westward 
thereof ;  but  monopolies  of  land  by  individuals  being  contrary  to 
the  spirit  of  our  free  government,  no  sale  of  territory  of  this  State, 
or  any  part  thereof,  shall  take  place  to  individuals  or  private  com- 
panies, unless  a  county  or  counties  shall  have  been  first  laid  off, 
including  such  territory,  and  the  Indian  rights  shall  have  been  ex- 
tinguished thereto. 

24.  The  foregoing  section  of  this  article  having  declared  the  com- 
mon rights  of  the  free  citizens  of  this  State,  in  and  to  all  the  terri- 
tory without  the  present  temporary  boundary  line,  and  within  the 
limits  of  this  State  thereby  defined,  by  which  the  contemplated 
purchases  of  certain  companies  of  a  considerable  portion  thereof  are 
become  constitutionally  void  ;  and  justice  and  good  faith  require, 
that  the  State  should  not  detain  a  consideration  for  a  contract  whio-h 
has  failed ;  the  Legislature,  at  their  next  session,  shall  make  pro- 
vision by  law  for  returning  to  any  person  or  persons  who  has  or 
have  bonajuk  deposited  moneys  for  such  purchases  in  the  treasury 
of  this  State :  Provided,  that  the  same  shall  not  have  been  drawn 
therefrom  in  terms  of  the  act  passed  the  thirteenth  day  of  Febru- 
ary, one  thousand  seven  hundred  and  ninety-six,  commonly  called 
the  rescinding  act,  or  the  appropriation  laws  of  the  years  one  thou- 
sand seven  hundred  and  ninety-six  and  one  thousand  seven  hundred 
and  ninety-seven;  nor  shall  the  moneys  paid  for  such  purchases 
ever  be  deemed  a  part  of  the  funds  of  this  State,  or  be  liable  to  ap- 
propriation as  such  ;  but  until  such  moneys  be  drawn  from  the  trea- 
sury, they  shall  be  considered  altogether  at  the  risk  of  the  persons 
who  have  deposited  the  same.  No  money  shall  be  drawn  out  of  the 
treasury  or  from  the  public  funds  of  this  State,  except  by  appropri- 
ation made  by  law ;  and  a  regular  statement  and  account  of  the 


284  CONSTITUTION    OF 


receipts  and  expenditures  of  all  public  moneys  shall  be  published 
from  time  to  time.  No  vote,  resolution,  law,  or  order,  shall  pass  the 
Greneral  Assembly,  granting  a  donation  or  gratuity  in  favor  of  any 
person  whatever,  but  by  the  concurrence  of  two-thirds  of  the 
General  Assembly. 

25.  It  shall  be  the  duty  of  the  justices  of  the  inferior  court,  or 
any  three  of  them,  in  each  county  respectively,  within  sixty  days 
after  the  adjournment  of  this  Convention,  to  appoint  one  or  more  fit 
persons  in  each  county,  not  exceeding  one  for  each  battalion  district, 
whose  duty  it  shall  be  to  take  a  full  and  accurate  census  or  enume- 
ration of  all  free  white  persons  and  people  of  color  residing  therein, 
distinguishing,  in  separate  columns,  the  free  white  persons  from 
persons  of  color,  and  return  the  same  to  the  clerks  of  the  superior 
courts  of  the  several  counties,  certified  under  their  hands,  on  or  be- 
fore the  first  day  of  December  next ;  the  persons  so  appointed,  being 
first  severally  sworn  before  the  said  justices,  or  either  of  them,  duly 
and  faithfully  to  perform  the  trust  reposed  in  them ;  and  it  shall  be 
the  duty  of  the  said  clerks  to  transmit  all  such  returns,  under  seal, 
directed  to  the  Speaker  of  the  House  of  Representatives,  at  the 
first  session  of  the  Legislature  thereafter.  And  it  shall  be  the  duty 
of  the  General  Assembly,  at  their  said  first  session,  to  apportion  the 
members  of  the  House  of  Representatives  among  the  several  coun- 
ties, agreeably  to  the  plans  prescribed  by  this  Constitution,  and  to 
provide  an  adequate  compensation  for  the  taking  of  the  said  census. 
Every  person  whose  usual  place  of  abode  shall  be  in  any  family  on 
the  first  Monday  in  July  next,  shall  be  returned  as  of  such  family ; 
and  of  every  person  occasionally  absent  at  the  time  of  taking  the 
enumeration,  as  belonging  to  that  place  in  which  he  usually  resides. 
The  General  Assembly  shall,  by  law,  direct  the  manner  of  taking 
such  census  or  enumeration,  within  every  subsequent  term  of  seven 
years,  in  conformity  to  this  Constitution.  And  it  is  declared  to  be 
the  duty  of  all  officers,  civil  and  military,  throughout  the  State,  to 
be  aiding  and  assisting  in  the  true  and  faithful  execution  thereof 
In  case  the  justices  of  the  inferior  courts  should  fail  to  make  such 
appointments,  or  if  there  should  not  be  a  sufficient  number  of  such 
justices  in  any  county,  then  the  justices  of  the  peace,  or  any  three  of 
them,  shall  have  and  exercise  like  powers  and  authority  respecting 
the  said  census  ;  and  if  the  census  or  enumeration  of  any  county  shall 
not  be  so  taken  and  returned,  then,  and  in  that  case,  the  General  As- 
sembly shall  apportion  the  representation  of  such  county  according  to 
the  best  evidence  in  their  power,  relative  to  its  population. 

ARTICLE  IL 

Sec.  1.  The  executive  power  shall  be  vested  in  a  Governor,  who 
shall  hold  his  office  during  the  term  of  two  years,  and  until  such 
time  as  a  successor  shall  be  chosen  and  qualified.  He  shall  have  a 
competent  salary,  established  by  law,  which  shall  not  be  increased  or 


GEORGIA. 


diminished  during  the  period  for  which  he  shall  have  been  elected  : 
neither  shall  he  receive,  within  that  period,  any  other  emolument 
from  the  United  States,  or  either  of  them,  or  from  any  foreign 
power. 

2.  The  Governor  shall  be  elected  by  the  General  Assembly,  at 
their  second  annual  session  after  the  rising  of  this  Convention,  and 
at  every  second  annual  session  thereafter,  on  the  second  day  after 
the  two  houses  shall  be  organized  and  competent  to  proceed  to  bu- 
siness. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor  who  shall 
not  have  been  a  citizen  of  the  United  States  twelve  years,  and  an 
inhabitant  of  this  State  six  years,  and  who  hath  not  attained  to  the 
age  of  thirty  years,  and  who  does  not  possess  five  hundred  acres 
of  land,  in  his  own  right,  within  this  State,  and  other  property 
to  the  amount  of  four  thousand  dollars,  and  whoso  estate  shall  not, 
on  a  reasonable  estimation,  be  competent  to  the  discharge  of  his 
debts,  over  and  above  that  sum. 

4.  In  case  of  the  death,  resignation,  or  disability  of  the  Governor, 
the  President  of  the  Senate  shall  exercise  the  executive  powers  of 
government  until  such  disability  be  removed,  or  until  the  next 
meeting  of  the  General  Assembly.' 

5.  The  Governor  shall,  before  he  enters  on  the  duties  of  his  office, 
take  the  following  oath  or  affirmation  :  "  I  do  solemly  swear  (or  af- 
firm, as  the  case  may  be)  that  I  will  faithfully  execute  the  office  of 
Governor  to  the  State  of  Georgia ;  and  will,  to  the  best  of  my  abil- 
ities, preserve,  protect,  and  defend  the  said  State,  and  cause  justice 
to  be  executed  in  mercy  therein,  according  to  the  Constitution  and 
laws  thereof" 

6.  He  shall  bo  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia  thereof 

7.  He  shall  have  power  to  grant  reprieves  for  offences  against  the 
State,  except  in  cases  of  impeachment,  and  to  grant  pardons  or  to 
remit  any  part  of  a  sentence,  in  all  cases  after  conviction,  except  for 
treason  or  murder,  in  which  cases  he  may  respite  the  execution,  and 
make  report  thereof  to  the  next  General  Assembly,  by  whom  a  par- 
don may  be  granted. 

8.  He  shall  issue  writs  of  election  to  fill  up  all  vacancies  that 
happen  in  the  Senate  or  House  of  Representatives  ;  and  shall  have 
power  to  convene  the  General  Assembly  on  extraordinary  occasions : 
and  shall  give  them,  from  time  to  time,  information  of  the  state  of 
the  republic,  and  recommend  to  their  consideration  such  measures 
as  he  may  deem  necessary  and  expedient. 

9.  When  any  office  shall  become  vacant  by  death,  resignation,  or 
otherwise,  the  Governor  shall  have  the  power  to  fill  such  vacancj  : 
and  persons  so  appointed  shall  continue  in  office  until  a  successor 
is  appointed,  agreeably  to  the  mode  pointed  out  by  this  Constitution 
or  by  the  Legislature. 

1 0.  He  shall  have  the  revision  of  all  bills  passed  by  both  houses, 


CONSTITUTION    OF 


before  the  same  shall  become  laws ;  but  two-thirds  of  both  houses 
may  pass  a  law  notwithstanding  his  dissent ;  and  if  any  bill  should 
not  be  returned  by  the  Governor  within  five  days  after  it  hath  been 
presented  to  him,  the  same  shall  be  a  law  unless  the  General  As- 
sembly, by  their  adjournment,  shall  prevent  its  return. 

11.  Every  vote,  resolution,  or  order,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  a  question  of  adjournment, 
shall  be  presented  to  the  Governor ;  and,  before  it  shall  take  effect, 
be  approved  by  him ;  or,  being  disapproved,  may  be  repassed  by 
two-thirds  of  both  houses,  according  to  the  rules  and  limitations  pre- 
scribed in  case  of  a  bill. 

12.  There  shall  be  a  Secretary  of  the  State,  a  Treasurer,  and  a 
Surveyor-General,  appointed  in  the  same  manner  and  at  the  same 
session  of  the  Legislature,  and  they  shall  hold  their  offices  for  the 
like  period  as  the  Governor,  and  shall  have  a  competent  salary,  in- 
cluding such  emoluments  as  may  be  established  by  law,  which  shall 
not  be  increased  or  diminished  during  the  period  for  which  they 
shall  have  been  elected. 

13.  The  great  seal  of  the  State  shall  be  deposited  in  the  office  of 
the  Secretary  of  State,  and  shall,  not  be  affixed  to  any  instrument 
of  writing,  but  by  order  of  the  Governor  or  General  Assembly ;  and 
the  General  Assembly  shall,  at  their  first  session  after  the  rising  of 
this  Convention,  cause  the  great  seal  to  be  altered  by  law. 

14.  The  Governor  shall  have  power  to  appoint  his  own  secre- 


taries. 


ARTICLE  IIL 


Sec.  1.  The  judicial  powers  of  this  State  shall  be  vested  in  a  Su- 
perior Court,  and  in  such  inferior  jurisdictions  as  the  Legislature 
shall,  from  time  to  time,  ordain  and  establish.  The  judges  of  the 
Superior  Court  shall  be  elected  for  the  term  of  three  years,  remov- 
able by  the  Governor,  on  the  address  of  two-thirds  of  both  houses 
for  that  purpose,  or  by  impeachment  and  conviction  thereon.  The 
Superior  Court  shall  have  exclusive  and  final  jurisdiction  in  all 
criminal  cases  which  shall  be  tried  in  the  county  wherein  the  crime 
was  committed,  and  in  all  cases  respecting  titles  to  land,  which  shall 
be  tried  in  the  county  where  the  land  lies ;  and  shall  have  power  to 
correct  errors  in  inferior  judicatories  by  writs  of  certiorari^  as  well 
as  errors  in  the  superior  courts,  and  to  order  new  trials  on  proper 
and  legal  grounds ;  Provided,  that  such  new  trials  shall  be  deter- 
mined, and  such  errors  corrected,  in  the  Superior  Court  of  the 
county  in  which  such  action  originated.  And  the  said  Court  shall 
also  have  appellative  jurisdiction  in  such  other  cases  as  the  Legisla- 
ture may  by  law  direct,  which  shall  in  no  case  tend  to  remove  the 
cause  from  the  county  in  which  the  action  originated  ;  and  the  judges 
thereof,  in  all  cases  of  application  for  new  trials,  or  correction  of 
error,  shall  enter  their  opinions  on  the  minutes  of  the  Court.  The 
inferior  courts  shall  have  cognizance  of  all  other  civil  cases,  which 


GEORGIA.  28% 


shall  be  tried  in  the  county  wherein  the  defendant  resides,  except 
in  cases  of  joint  obligers,  residing  in  different  counties,  which  may 
be  commenced  in  either  county :  and  a  copy  of  the  petition  and 
process,  served  on  the  party  or  parties  residing  out  of  the  county 
in  which  the  suit  may  be  commenced,  shall  be  deemed  sufficient  ser- 
vice, under  such  rules  and  regulations  as  the  Legislature  may 
direct ;  but  the  Legislature  may,  by  law,  to  which  two-thirds  of  each 
branch  shall  concur,  give  concurrent  jurisdiction  to  the  superior 
courts.  The  superior  and  inferior  courts  shall  sit  in  each  county 
twice  in  every  year,  at  such  stated  times  as  the  Legislature  shall 
appoint. 

2.  The  judges  shall  have  salaries  adequate  to  their  services,  estab- 
lished by  law,  which  shall  not  be  increased  or  diminished  during 
their  continuance  in  office ;  but  shall  not  receive  any  other  perqui- 
sites or  emoluments  whatever,  from  parties  or  others,  on  account  of 
any  duty  required  of  them. 

3.  There  shall  be  a  State's  attorney  and  solicitors  appointed  by 
the  Legislature,  and  commissioned  by  the  Governor,  who  shall  hold 
their  offices  for  the  term  of  three  years,  unless  removed  by  sentence 
on  impeachment,  or  by  the  Governor,  on  the  address  of  two-thirds 
of  each  branch  of  the  General  Assembl}''.  They  shall  have  salaries 
aqeduate  to  their  services,  established  by  law,  which  shall  not  be 
increased  or  diminished  during  their  continuance  in  office. 

4.  Justices  of  the  inferior  courts  shall  be  appointed  by  the  Gene- 
ral Assembly,  and  be  commissioned  by  the  Governor,  and  shall  hold 
their  commissions  during  good  behavior,  or  as  long  as  they  respec- 
tively reside  in  the  county  for  which  they  shall  be  appointed,  unless 
removed  by  sentence  on  impeachment,  or  by  the  Governor,  on  the 
address  of  two-thirds  of  each  branch  of  the  General  Assembly. 
They  may  be  compensated  for  their  services  in  such  manner  as  the 
Legislature  may  by  law  direct. 

5.  The  justices  of  the  peace  shall  be  nominated  by  the  inferior 
courts  of  the  several  counties,  and  commissioned  by  the  Governor ; 
and  there  shall  be  two  justices  of  the  peace  in  each  captain's  district, 
either  or  both  of  wh(jm  shall  have  power  to  try  all  cases  of  a  civil 
nature  within  their  district,  where  the  debt  or  litigated  demand 
does  not  exceed  thirty  dollars,  in  such  manner  as  the  Legislature 
may  by  law  direct.  They  shall  hold  their  appointments  during  good 
behavior,  or  until  they  shall  be  removed  by  conviction,  on  indictment 
in  the  Superior  Court,  for  malpractice  in  office,  or  for  any  felonious 
or  infamous  crime,  or  by  the  Governor,  on  the  address  of  two-thirds 
of  each  branch  of  the  Legislature. 

6.  The  powers  of  a  court  of  ordinary,  or  register  of  probates,  shall 
be  invested  in  the  inferior  courts  of  each  county,  from  whose  decis- 
ion there  may  be  an  appeal  to  the  Superior  Court,  under  such  re- 
strictions and  regulations  as  the  General  Assembly  may  by  law 
direct ;  but  the  inferior  court  shall  have  power  to  vest  the  care  of 
the  records,  and  other   proceeiings   therein,  in   the  clerk,  or  such 


CONSTITUTION    OF 


other  person  as  they  may  appoint,  and  any  one  or  more  justices  of 
the  said  coxirt,  with  such  clerk  or  other  person,  may  issue  citations 
and  grant  temporary  letters,  in  time  of  vacation,  to  hold  until  the 
next  meeting  of  the  said  court ;  and  such  clerk  or  other  person  may 
grant  marriage  licenses. 

7.  The  judges  of  the  superior  courts,  or  any  one  of  them,  shall 
have  power  to  issue  writs  of  mandamus^  prohibition,  scire  facias,  and 
all  other  writs  which  may  be  necessary  for  carrying  their  powers 
fully  into  effect. 

8.  Within  five  years  after  the  adoption  of  this  Constitution,  the 
body  of  our  laws,  civil  and  criminal,  shall  be  revised,  digested,  and 
arranged  under  proper  heads,  and  promulgated  in  such  manner  as 
the  Legislature  may  direct :  and  no  person  shall  be  debarred  from 
advocating  or  defending  his  cause,  before  any  court  or  tribunal, 
either  by  himself  or  counsel,  or  both. 

9.  Divorces  shall  not  be  granted  by  the  Legislature,  until  the  par- 
ties shall  have  had  a  fair  trial  before  the  Superior  Court,  and  a  ver- 
dict shall  have  been  obtained,  authorizing  a  divorce  upon  legal  prin- 
ciples. And  in  such  cases,  two-thirds  of  each  branch  of  the  Legis- 
lature may  pass  acts  of  divorce  accordingly. 

10.  The  clerks  of  the  superior  and  inferior  courts  shall  be  ap- 
pointed in  such  manner  as  the  Legislature  may  by  law  direct,  shall 
be  commissioned  by  the  Governor,  and  shall  continue  in  office  during 
good  behavior. 

1 1 .  Sheriffs  shall  be  appointed  in  such  manner  as  the  General 
Assembly  may  by  law  direct,  and  shall  hold  their  appointments  for 
the  term  of  two  years  unless  sooner  removed  by  sentence  on  im- 
peachment, or  by  the  Governor  on  the  address  of  two-thirds  of  the 
justices  of  the  inferior  court  and  of  the  peace  in  the  county ;  but  no 
person  shall  be  twice  elected  sheriff  within  any  term  of  four  years ; 
and  no  county  officer  after  the  next  election  shall  be  chosen  at  the 
time  of  electing  a  senator  or  representative. 


ARTICLE   IV. 


^ 


Sec.  1.  The  electors  of  members  of  the  General  Assembly  shall 
be  citizens  and  inhabitants  of  this  State,  and  shall  have  attained  the 
age  of  twenty-one  years,  and  have  paid  all  taxes  which  may  have 
been  required  of  them,  and  which  they  may  have  had  an  opportunity 
of  paying,  agreeably  to  law,  for  the  year  preceding  the  election,  and 
shall  have  resided  six  months  within  the  county :  provided,  that  in 
case  of  an  invasion,  and  the  inhabitants  shall  be  driven  from  any 
county,  so  as  to  prevent  an  election  therein,  such  refugee  inhabitants, 
being  a  majority  of  the  voters  of  such  county,  may  meet  under  the 
direction  of  any  three  justices  of  the  peace  thereof,  in  the  nearest 
county,  not  in  a  state  of  alarm,  and  proceed  to  an  election,  without 
having  paid  such  tax  so  required  of  electors  ;  and  the  persons  elected 
thereat  shall  be  entitled  to  their  seats. 


GEORGIA.  289 


2.  All  elections  by  tlie  General  Assembly  shall  be  by  joint  ballot 
of  both  branches  of  the  Legislature ;  and  when  the  Senate  and 
House  of  Kepresentatives  unite  for  the  purpose  of  electing,  they 
shall  meet  in  the  representative  chamber,  and  the  President  of  the 
Senate  shall  in  such  case  preside,  receive  the  ballots,  and  declare  the 
person  or  persons  elected.  In  all  elections  by  the  people,  the  elec- 
tors shall  vote  viva  voce,  until  the  Legislature  shall  otherwise  direct. 

3.  The  general  officers  of  the  militia  shall  be  elected  by  the  Gene- 
ral Assembly,  and  shall  be  commissioned  by  the  Governor.  All 
other  officers  of  the  militia  shall  be  elected  in  such  manner  as  the 
Legislature  may  direct,  and  shall  be  commissioned  by  the  Governor  ; 
and  all  militia  officers  now  in  commission,  and  those  which  may  be 
hereafter  commissioned,  shall  hold  their  commissions  during  their 
usual  residence  within  the  division,  brigade,  regiment,  battalion,  or 
company  to  which  they  belong,  unless  removed  by  sentence  of  a  court- 
martial,  or  by  the  Governor,  on  the  address  of  two-thirds  of  each 
branch  of  the  General  Assembly. 

4.  All  persons  appointed  by  the  Legislature  to  fill  vacancies  shall 
continue  in  office  only  so  long  as  to  complete  the  time  for  which  their 
predecessors  were  appointed. 

5.  Freedom  of  the  press,  and  trial  by  jury,  as  heretofore  used  in 
this  State,  shall  remain  inviolate ;  and  no  ex  post  facto  law  shall  be 


6.  No  person  who  heretofore  hath  been,  or  hereafter'  may  be,  a 
collector,  or  holder  of  public  moneys,  shall  be  eligible  to  any  office 
in  this  State,  until  such  person  shall  have  accounted  for  and  paid 
into  the  treasury  all  sums  for  which  he  may  be  accountable  or  liable. 

7.  The  person  of  a  debtor,  where  there  is  not  a  strong  presump- 
tion of  fraud,  shall  not  be  detained  in  prison  after  delivering  up, 
bonajlde,  all  his  estate,  real  and  personal,  for  the  use  of  his  creditors, 
in  such  manner  as  shall  be  hereafter  regulated  by  law. 

8.  Convictions  on  impeachments  which  have  heretofore  taken  place, 
are  hereby  released,  and  persons  lying  under  such  convictions  re- 
stored to  citizenship. 

9.  The  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when 
in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

10.  No  person  within  the  State  shall,  upon  any  pretence,  be  de- 
prived of  the  inestimable  privilege  of  worshiping  God  in  a  manner 
agreeable  to  his  own  conscience,  nor  be  compelled  to  attend  any 
place  of  worship  contrary  to  his  own  faith  and  judgment ;  nor  shall 
he  ever  be  obliged  to  pay  tithes,  taxes,  or  any  other  rate  for  the  build- 
ing or  repairing  any  place  of  worship,  or  for  the  maintenance  of  any 
minister  or  ministry,  contrary  to  what  he  believes  to  be  right,  or 
hath  voluntarily  engaged  to  do.  No  one  religious  society  shall  ever 
be  established  in  this  State,  in  preference  to  any  other ;  nor  shall 
any  person  be  denied  the  enjoyment  of  any  civil  right,  merely  on  ac- 
count of  his  religious  principles. 

♦   11.  There  shall  be  no  future  importation  of  slaves  into  this  State, 


290  (CONSTITUTION   OF 


from  Africa  or  any  foreign  place,  after  the  first  day  of  October  next. 
The  Legislature  shall  have  no  power  to  pass  laws  for  the  emancipa- 
tion of  slaves  without  the  consent  of  each  of  their  respective  owners, 
previous  to  such  emancipation.  They  shall  have  no  power  to  prevent 
emigrants  from  either  of  the  United  States  to  this  State,  from  bring- 
ing with  them  such  persons  as  may  be  deemed  slaves  by  the  laws 
of  any  one  of  the  United  States. 

1 2.  Any  person  who  shall  maliciously  dismember  or  deprive  a 
slave  of  his  life,  shall  suffer  such  punishment  as  would  be  inflicted 
in  case  the  like  offence  had  been  committed  on  a  free  white  person, 
and  on  the  like  proof,  except  in  case  of  insurrection  by  such  slave, 
and  unless  such  death  should  happen  by  accident,  in  giving  such 
slave  moderate  correction. 

13.  The  arts  and  sciences  shall  be  promoted,  in  one  or  more  semi- 
naries of  learning ;  and  the  Legislature  shall,  as  soon  as  convenient- 
ly may  be,  give  such  further  donations  and  privileges  to  those  al- 
ready established,  as  may  be  necessary  to  secure  the  objects  of  their 
institution ;  and  it  shall  be  the  duty  of  the  Greneral  Assembly,  at 
their  next  session,  to  provide  effectual  measures  for  the  improvement 
and  permanent  security  of  the  funds  and  endowments  of  such  in- 
stitutions. 

14  All  civil  officers  shall  continue  in  the  exercise  of  the  duties 
of  their  several  offices,  during  the  periods  for  which  they  were  ap- 
pointed, or  until  they  shall  be  superseded  by  appointments  made  in 
conformity  to  this  Constitution :  and  all  laws  now  in  force  shall  con- 
tinue to  operate,  so  far  as  they  are  compatible  with  this  Constitution, 
until  repealed ;  and  it  shall  be  the  duty  of  the  General  Assembly 
to  pass  all  necessary  laws  and  regulations  for  carrying  this  Consti- 
tution into  full  effect. 

15.  No  part  of  this  Constitution  shall  be  altered,  unless  a  bill  for 
that  purpose,  specifying  the  alterations  intended  to  be  made,  shall 
have  been  read  three  times  in  the  House  of  Representatives,  and 
three  times  in  the  Senate,  on  three  several  days  in  each  house,  and 
agreed  to  by  two-thirds  of  each  house  respectively ;  and  when  any 
such  bill  shall  be  passed  in  manner  aforesaid,  the  same  shall  be  pub- 
lished at  least  six  months  previous  to  the  next  ensuing  annual  elec- 
tion for  members  of  the  Greneral  Assembly ;  and  if  such  alterations, 
or  any  of  them,  so  proposed,  shall  be  agreed  to  in  their  first  session 
thereafter,  by  two-thirds  of  each  branch  of  the  General  Assembly, 
after  the  same  shall  have  been  read  three  times,  on  three  separate 
days,  in  each  respective  house,  then,  and  not  otherwise,  the  same 
shall  become  a  part  of  this  Constitution. 


AMENDMENTS  TO  THE  CONSTITUTION, 

Adopted  in  1839. 

Whereas  a  part  of  the  thirty-first  section  of  the  first  article  of  the 
Constitution  is  in  the  following  words,  viz. :  The  Senate  shall  be 


GEORGIA.  291 


elected  annually ;  and  a  part  of  the  seventh  section  of  the  first  ar- 
ticle is  in  the  following  words  :  The  representatives  shall  be  chosen 
annually  ;  and  a  part  of  the  twelfth  section  of  the  first  article  is  in 
the  following  words  :  The  meeting  of  the  General  Assembly  shall 
be  annually  ,  and  whereas  a  part  of  the  third  section  of  the  third 
article  is  in  the  following  words  :  There  shall  be  a  State's  Attorney 
and  Solicitor  appointed  by  the  Legislature  and  commissioned  by  the 
Governor,  who  shall  hold  their  offices  for  the  term  of  three  years  ; 
and  a  part  of  the  fifteenth  section  of  the  fourth  article  is  in  the  fol- 
lowing words :  The  same  shall  be  published  at  least  six  months  pre- 
vious to  the  next  ensuing  annual  election  for  members  of  the 
General  Assembly  ;  and  whereas  the  before-recited  clauses  require 
amendments. 

Sec.  1.  Be  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Georgia,  in  General  Assembly  met,  and  it  is 
hereby  enacted,  by  the  authority  of  the  same,  that,  so  soon  as  this 
act  shall  have  passed,  agreeably  to  the  requisitions  of  the  Constitu- 
tion, the  following  shall  be  adopted  in  lieu  of  the  foregoing  clau- 
ses :  In  the  third  section  of  the  first  article,  the  following,  to  wit : 
The  Senate  shall  be  elected  biennially^  after  the  passage  of  this 
act — the  first  election  to  take  place  on  the  first  Monday  in  1843. 
In  lieu  of  the  seventh  section  of  the  first  article,  the  following  :  The 
representatives  shall  be  elected  biennially,  after  the  passing  of  this 
act — the  first  election  to  take  place  the  first  Monday  in  October, 
eighteen  hundred  and  forty-three ;  and  in  lieu  of  the  clause  in  the 
twelfth  section  in  the  first  article,  the  following :  The  meeting  of 
the  General  Assemby  shall  be  biennially,  after  the  passage  of  this 
act,  on  the  first  Monday  in  November  ;  and  in  lieu  of  the  clause  in 
the  third  section  of  the  third  article,  the  following,  to  wit :  There 
shall  be  a  State  Attorney  and  Solicitor  elected  by  the  Legislature, 
who  shall  hold  their  office  for  the  term  of  four  years  ;  and  in  lieu 
of  the  clause  in  the  fifteenth  section  of  the  fourth  article,  the  follow- 
ing :  The  same  shall  be  published  at  least  six  months  previous  to 
the  next  ensuing  biennial  election  for  members  of  the  General  As- 
sembly— the  provisions  of  this  act  not  to  go  into  effieet  until  the 
year  eighteen  hundred  and  forty-three. 

2.  And  be  it  further  enacted,  by  the  authority  of  the  aforesaid, 
that  whenever  it  shall  so  happen  that  the  term  of  office  of  any  of 
the  judges,  State  Attorney,  or  solicitors,  shall  expire  at  any  time 
during  the  recess  of  the  General  Assembly,  then  and  in  that  case  it 
shall  be  the  duty  of  his  excellency,  the  Governor,  to  fill  such  va- 
cancy by  appointment,  until  the  next  General  Assembly  thereafter 
to  be  held,  when  such  vacancy  shall  be  filled  by  election  by  the  Le- 
gislature, until  the  next  election  of  judges,  State's  Attorney,  or  so- 
licitors, shall  take  place. 


FLORIDA. 


Florida  was  discovered  by  Sebastian  Cabot,  sailing  under  the  English  Flag, 
in  1497.  Ponce  de  Leon,  a  Spanish  adventurer  from  Hispaniola,  explored  this 
country  in  part  in  1512,  and  again  in  1516. 

In  1539,  Hernando  de  Soto,  who  had  been  an  officer  under  Pizarro  in  the 
conquest  of  Peru,  sailed  from  Cuba  (of  which  he  was  Governor),  with  an 
armed  force  to  Florida.  They  soon  overrun  the  peniwBula,  but  his  followers 
were  mostly  cut  off,  and  he  soon  after  died. 

In  1763  this  territory  was  ceded  to  Great  Britain  by  Spain,  in  exchange  for 
Havanna.  The  Spanish  reconquered  it  in  1781,  and  it  was  confirmed  to  them 
in  1783.  In  1821  the  Spaniards  ceded  it  to  the  United  States,  as  a  compensa- 
tion for  spoliations  in  their  commerce. 

This  State  was  admitted  into  the  Union  on  the  3d  of  March  1845,  Its 
Constitution  was  adopted  in  1838.  Area,  57,000  sq.  ms.  Pop.  in  1850,  87,387. 
of  which  39,341  are  slaves,  and  926  Free  blacks. 

CONSTITUTION, 

We,  the  people  of  the  Territory  of  Florida,  by  our  delgates  in 
Convention  assembled,  at  the  city  of  St.  Joseph,  on  Monday,  the 
third  day  of  December,  a.  d.  1838,  and  of  the  Independence  of  the 
United  States  the  sixty-third  year,  having  and  claiming  the  right  of 
admission  into  the  Union,  as  one  of  the  United  States  of  America, 
consistent  with  the  principles  of  the  federal  Constitution,  and  by 
virtue  of  the  treaty  of  amity,  settlement,  and  limits  between  the 
United  States  of  America  and  the  King  of  Spain,  ceding  the  pro- 
vinces of  East'  and  West  Florida  to  the  United  States ;  in  order  to 
secure  to  ourselves  and  our  posterity  the  enjoyment  of  all  the  rights 
of  life,  liberty,  and  property,  and  the  pursuit  of  happiness,  do  mu- 
tually agree,  each  with  the  other,  to  form  ourselves  into  a  free  and 
independent  State,  by  the  name  of  the  State  of  Florida. 


FLORIDA.  293 


ARTICLE   1.— Declaration  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  recognized  and  established,  we  declare : 

Sec.  1.  That  all  freemen,  when  they  form  a  social  compact,  are 
equal,  and  have  certain  inherent  and  indefeasible  rights,  among 
which  are  those  of  enjoying  and  defending  life  and  liberty  ;  of  ac- 
quiring, possessing,  and  protecting  property  and  reputation  ;  and  of 
pursuing  their  own  happiness. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all  free  , 
governments  are  founded  on  their  authority,  and  established  for 
their  benefit ;  and  therefore  they  have,   at  all  times,  an  inalienable 
and  indefeasible  right  to  alter  or  abolish  their  form  of  government 
in  such  manner  as  they  may  deem  expedient. 

3.  That  all  men  have  a  natural  and  inalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience  ; 
and  that  no  preference  shall  ever  be  given  by  law  to  any  religious 
establishment,  or  mode  of  worship,  in  this  State. 

4.  That  all  elections  shall  be  free  and  equal,  and  that  no  property 
qualification  for  eligibility  to  office,  or  for  the  right  of  suffrage,  shall 
ever  be  required  in  this  State. 

5.  That  every  citizen  may  feely  speak,  write,  and  publish  his  sen- 
timents, on  all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty ;  and  no  law  shall  ever  be  passed  to  curtail,  abridge,  or  restrain 
the  liberty  of  speech  or  of  the  press. 

6.  That  the  right  of  trial  by  jury  shall  forever  remain  inviolate. 

7.  That  -the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  seizures  and  searches ;  and  that 
no  warrant  to  search  any  place,  or  to  seize  any  person  or  thing,  shall 
issue,  without  describing  the  place  to  be  searched,  and  the  person  or 
thing  to  be  seized,  as  nearly  as  may  be,  nor  without  probable  cause, 
supported  by  oath  or  affirmation 

8.  That  no  freeman  shall  be  taken,  imprisoned,  or  disseized  of  his 
freehold,  liberties,  or  outlawed,  or  exiled,  or  in  any  manner  destroyed, 
or  deprived  of  his  life,  liberty,  or  property,  but  by  the  law  of  the 
land. 

9.  That  all  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  reme- 
dy by  due  course  of  law ;  and  right  and  justice  administered  without 
sale,  denial,  or  delay. 

10.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to 
be  heard,  by  himself  or  counsel,  or  both ;  to  demand  the  nature  and 
cause  of  the  accusation  ;  to  be  confronted  with  the  witnesses  against 
him ;  to  have  compulsory  process  for  obtaining  witnesses  in  his  fa- 
vor ;  and  in  all  prosecutions  by  indictment  or  presentment,  a  speedy 
and  public  trial,  by  an  impartial  jury  of  the  county  or  district  where 
the  offence  was  committed  and  shall  not  be  compelled  to  give  evi- 
dence ao;ainst  himself 


294  CONSTITUTION   OF 


1 1 .  That  all  persons  shall  be  bailable,  by  sufficient  securities,  un- 
less in  capital  offences,  where  the  proof  is  evident  or  the  presumption 
strong ;  and  the  privilege  of  habeas  corpus  shall  not  be  suspended, 
unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 

12.  That  excessive  bail  shall  in  no  case  be  required ;  nor  shall 
excessive  fines  be  imposed,  nor  shall  cruel  or  unusual  punishments 
be  inflicted. 

13.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

1 4.  That  private  property  shall  not  be  taken  or  applied  to  public 
use,  unless  just  compensation  be  made  therefor. 

15.  That  in  all  prosecutions  and  indictments  for  libel,  the  truth 
may  be  given  in  evidence ;  and  if  it  shall  appear  to  the  jury  that 
the  libel  is  true,  and  published  with  good  motives,  and  for  justifiable 
ends,  the  truth  shall  be  a  justification :  and  the  jury  shall  be  the  judges 
of  the  law  and  facts. 

16.  That  no  person  shall  be  put  to  answer  any  criminal  charge, 
but  by  presentment,  indictment,  or  impeachment. 

17.  That  no  conviction  shall  work  corruption  of  blood  or  forfeit- 
ure of  estate. 

18.  That  retrospective  laws,  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  penal  or  criminal, 
are  oppressive,  unjust,  and  incompatible  with  liberty ;  wherefore  no 
ex  post  facto  law  shall  ever  be  made. 

19.  That  no  law  impairing  the  obligation  of  contracts  shall  ever 
be  passed. 

20.  That  the  people  have  a  right,  in  a  peaceable  manner,  to  as- 
semble together  to  consult  for  the  common  good  ;  and  to  apply  to 
those  invested  with  the  powers  of  government  for  redress  of  griev- 
ances, or  other  proper  purposes,  by  petition,  address,  or  remonstrance. 

2 1 .  That  the  free  white  men  of  this  State  shall  have  a  right  to 
keep  and  to  bear  arms  for  their  common  defense. 

22.  That  no  soldier,  in  time  of  peace,  shall  be  quartered  in  any 
house,  without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  in 
a  manner  prescribed  by  law. 

23.  That  no  standing  army  shall  be  kept  up,  without  the  consent 
of  the  Legislature ;  and  the  military  shall,  in  all  cases,  and  at  all 
times,  be  in  strict  subordination  to  the  civil  power. 

24.  That  perpetuities  and  monopolies  are  contrary  to  the  genius 
of  a  free  State,  and  ought  not  to  be  allowed. 

25.  That  no  hereditary  emoluments,  privileges,  or  honors,  shall 
ever  be  granted  or  conferred  in  this  State. 

26.  That  frequent  recurrence  to  fundamental  principles  is  abso- 
lutely necessary  to  preserve  the  blessings  of  liberty. 

27.  That,  to  guard  against  transgressions  upon  the  rights  of  the 
people,  we  declare  that  everything  in  this  article  is  excepted  out  of 
the  general  powers  of  government,   and  shall  forever  remain  invio- 


FLORIDA.  295 


late ;  and  that  all  laws  contrary  thereto,  or  to  the  following  provi- 
sions, shall  be  void. 

ARTICLE  II. — Distribution  of  the  Powers  of  Government. 

Sec.  1.  The  powers  of  the  government  of  the  State  of  Florida 
shall  be  divided  into  three  distinct  departments,  and  each  of  them 
confided  to  a  separate  body  of  magistracy,  to  wit :  those  which  are 
legislative,  to  one,  those  which  are  executive,  to  another,  and  those 
which  are  judicial,  to  another. 

2.  No  person,  or  collection  of  persons,  being  of  one  of  those  de- 
partments, shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  in  the  instances  expressly  provided  in  this  Con- 
stitution. 

ARTICLE  III. — Executive  Befartmemi. 

Sec.  1.  The  supreme  executive  power  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  Governor  of  the  State  of 
Florida. 

2.  The  Governor  shall  be  elected  for  four  years,  by  the  qualified 
electors  at  the  time  and  place  where  they  shall  vote  for  representa- 
tives ;  and  shall  remain  in  office  until  a  successor  be  chosen  and 
qualified  ;  and  shall  not  be  eligible  to  a  re-election  until  the  expira- 
tion of  four  years  thereafter. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor  unless  he 
shall  have  attained  the  age  of  thirty  years,  shall  have  been  a  citizen 
of  the  United  States  ten  years,  or  an  inhabitant  of  Florida  at  the 
time  of  the  adoption  of  this  Constitution  (being  a  citizen  of  the 
United  States),  and  shall  have  been  a  resident  of  Florida  at  least 
five  years  next  preceding  the  day  of  election. 

4.  The  returns  of  every  election  for  Governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government,  directed  to  the  Speaker 
of  the  House  of  Representatives,  who  shall,  during  the  first  week  of 
the  session  open  and  publish  them  in  the  presence  of  both  houses 
of  the  General  Assembly ;  and  the  person  having  the  highest  num- 
ber of  votes  shall  be  Governor.  But  if  two  or  more  shall  be  equal, 
and  highest  in  votes,  one  of  them  shall  be  chosen  Governor  by  the 
joint  vote  of  the  two  houses  ;  and  contested  elections  for  Governor 
shall  be  determined  by  both  houses  of  the  General  Assembly,  in 
such  manner  as  shall  be  prescribed  by  law. 

5.  He  shall,  at  stated  times,  receive  a  compensation  for  his  ser- 
vices, which  shall  not  be  increased  or  diminished  during  the  term 
for  which  he  shall  have  been  elected. 

6.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia  thereof 

7.  He  may  require  information  in  writing  from  the  officers  of  the 
executive  department,  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

8.  He  may,  by  proclamation,  on  extraordinary  occasions,  convene 

22 


296  CONSTITUTION   OF 


the  General  Assembly  at  the  seat  of  government,  or  at  a  different 
place  if  that  shall  have  become  dangerous  from  an  enemy  or  from 
disease;  and,  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper — not  beyond  the  day  of  the  next 
meeting  designated  by  this  Constitution. 

9.  He  shall,  from  time  to  time,  give  to  the  General  Assembly,  in- 
formation of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  may  deem  expedient. 

1 0.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  In  all  criminal  and  penal  cases  (except  of  treason  and  im- 
peachment), after  conviction,  he  shall  have  power  to  grant  reprieves 
and  pardons,  and  remit  fines  and  forfeitures,  under  such  rules  and 
regulations  as  shall  be  prescribed  by  law  ;  and  in  cases  of  treason, 
he  shall  have  power,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, to  grant  reprieves  and  pardons ;  and  he  may,  in  the  recess  of 
the  Senate,  respite  the  sentence  until  the  end  of  the  next  session  of 
the  General  Assembly. 

12.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by  the 
Governor,  and  used  by  him  officially,  with  such  device  as  the  Gov- 
ernor first  elected  may  direct ;  and  the  present  seal  of  the  territory 
shall  be  the  seal  of  the  State,  until  otherwise  directed  by  the  Gen- 
eral Assembly. 

13.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Florida,  be  sealed  with  the  State  seal,  and  signed  by 
the  Governor,  and  attested  by  the  Secretary  of  State. 

1 4.  There  shall  be  a  Secretary  of  State  appointed  by  a  joint  vote 
of  both  houses  of  the  General  Assembly,  who  shall  continue  in  office 
during  the  term  of  four  years ;  and  he  shall  keep  a  fair  register  of 
the  official  acts  and  proceedings  of  the  Governor,  and  shall,  when 
required,  lay  the  same  and  all  papers,  minutes,  and  vouchers  rela- 
tive thereto,  before  the  General  Assembly,  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  law. 

15.  Vacancies  that  happen  in  offices  the  appointment  of  which  is 
vested  in  the  General  Assembly,  or  given  to  the  Governor  with  the 
advice  and  consent  of  the  Senate,  shall  be  filled  by  the  Governor 
during  the  recess  of  the  General  Assembly,  by  granting  commissions, 
which  shall  expire  at  the  end  of  the  next  session. 

1 6.  Every  bill,  which  shall  have  passed  both  houses  of  the  Gen- 
eral Assembly,  shall  be  presented  to  the  Governor  ;  if  he  approve, 
he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  upon  the  journal,  and  proceed  to  reconsider  it :  and 
if,  after  such  reconsideration,  a  majority  of  the  whole  number  elected 
to  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the 
objections,  to  the  other  house,  by  which*  it  shall  likewise  be  reconsid- 
ered ;  and  if  approved  by  a  majority  of  the  whole  number  elected  to 
that  houscj  it  shall  become  a  law.     But  in  such  cases,  the  votes  of 


FLORIDA.  29^ 


both  houses  shall  be  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  or  against  the  bill  shall  be  entered  on  the  journals  of  each 
house,  respectively  ;  and  if  any  bill  shall  not  be  returned  by  the 
Governor  within  five  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Greneral  Assembly,  by  their  adjournment, 
prevent  its  return  ;  in  which  case,  it  shall  not  be  a  law. 

1 7.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  be  presented  to  the  Grovernor ;  and,  before  it  shall  take  effect, 
be  approved  by  him,  or,  being  disapproved,  be  repassed  by  both 
houses,  according  to  the  rules  and  limitations  prescribed  in  case  of  a 
bill. 

1 8.  In  case  of  the  impeachment  of  the  Grovernor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  State, 
the  President  of  the  Senate  shall  exercise  all  the  power  and  author- 
ity appertaining  to  the  office  of  Governor,  during  the  term  for  which 
the  Governor  was  elected  ;  unless  the  General  Assembly  shall  pro- 
vide by  law  for  the  election  of  a  Governor  to  fill  such  vacancy,  or 
until  the  Governor  so  absent  or  impeached  shall  return  or  be  ac- 
quitted. 

19.  If,  during  the  vacancy  of  the  office  of  Governor,  the  President 
of  the  Senate  shall  be  impeached,  removed  from  office,  refuse  to  qual- 
ify, resign,  die,  or  be  absent  from  the  State,  the  Speaker  of  the  House 
of  Representatives  shall,  in  like  manner,  administer  the  government. 

20.  The  President  of  the  Senate,  or  Speaker  of  the  House  of  Rep- 
resentatives, during  the  time  he  administers  the  government,  shall 
receive  the  same  compensation  which  the  Governor  would  have  re- 
ceived. 

21.  The  Governor  shall  always  reside,  during  the  sessions  of  the 
General  Assembly,  at.  the  place  where  their  sessions  are  held,  and  at 
all  other  times,  wherever,  in  their  opinion,  the  public  good  may  require. 

22.  No  person  shall  hold  the  office  of  Governor,  and  any  other  office 
or  commission,  civil  or  military,  either  in  this  State,  or  under  any 
State,  or  the  United  States,  or  any  other  power,  at  one  and  the  same 
time,  except  the  President  of  the  Senate,  or  the  Speaker  of  the  House 
of  Representatives,  when  he  shall  hold  the  office,  as  aforesaid. 

23.  A  State  treasurer  and  comptroller  of  public  accounts  shall  be 
elected  by  joint  vote  of  both  houses  of  the  General  Assembly,  at 
each  regular  session  thereof 

ARTICLE  lY .—Legislative  DcpartTnent. 

Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  two 
distinct  branches — the  one  to  be  styled  the  Senate,  the  other  the 
House  of  Representatives,  and  both  together  "  the  General  Assembly 
of  the  State  of  Florida ;"  and  the  style  of  the  laws  shall  be,  "  Be  it 
enacted  by  the  Senate  and  House  of  Representatives  of  the  State  of 
Florida  in  General  Assembly  convened." 


298  CONSTITUTION   OF 


2.  The  members  of  the  House  of  Representatives  shall  be  chosen 
by  the  qualified  voters,  and  shall  serve  for  the  term  of  one  year,  from 
the  day  of  the  commencement  of  the  general  election,  and  no  longer; 
and  the  sessions  of  the  General  Assembly  shall  be  annual,  and  com- 
mence on  the  fourth  Monday  in  November,  in  each  year,  or  at  such 
other  times  as  may  be  prescribed  by  law. 

3.  The  representatives  shall  be  chosen  every  year,  on  the  first 
Monday  in  the  month  of  October,  until  otherwise  directed  by  law. 

4.  No  person  shall  be  a  representative  unless  he  be  a  white  man, 
a  citizen  of  the  United  States,  and  shall  have  been  an  inhabitant  of 
the  State  two  years  next  preceding  his  election,  and  the  last  year 
thereof  a  resident  of  the  county  for  which  he  shall  be  chosen,  and 
shall  have  attained  the  age  of  twenty-one  years. 

5.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the 
term  of  two  years,  at  the  same  time,  in  the  same  manner,  and  in  the 
same  places,  where  they  vote  for  members  of  the  House  of  Repre- 
sentatives ;  and  no  man  shall  be  a  senator  unless  he  be  a  white  man, 
a  citizen  of  the  United  States,  and  shall  have  been  an  inhabitant  of 
this  State  two  years  next  preceding  his  election,  and  the  last  year 
thereof  a  resident  of  the  district  or  county  for  which  he  shall  be 
chosen,  and  shall  have  attained  the  age  of  twenty-five  years. 

6.  The  senators,  after  their  first  election,  shall  be  divided  by  lot 
into  two  classes  ;  and  the  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  first  year,  and  of  the  second  class 
at  the  expiration  of  the  second  year ;  so  that  one-half  thereof,  as  near 
as  possible,  may  be  chosen  forever  thereafter,  annually,  for  the  term 
of  two  years. 

7.  The  House  of  Representatives,  when  assembled,  shall  choose  a 
Speaker  and  its  other  officers ;  and  the  Senate  a  President  and  its 
other  officers ;  and  each  house  shall  be  judge  of  the  qualifications, 
elections,  and  returns  of  its  members ;  but  a  contested  election  shall 
be  determined  in  such  manner  as  shall  be  directed  by  law. 

8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness, but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner  and  un- 
der such  penalties  as  each  house  may  prescribe. 

9.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  consent 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause. 

10.  Each  house  during  the  session,  may  punish  by  imprisonment 
any  person,  not  a  member,  for  disrespectful  or  disorderly  behavior 
in  its  presence,  or  for  obstructing  any  of  its  proceedings,  provided 
such  imprisonment  shall  not  extend  beyond  the  end  of  the  session 

11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  cause 
the  same  to  be  published  immediately  after  its  adjournment ;  and 
the  yeas  and  nays  of  the  members  of  each  house  shall  be  taken  and 
entered  upon  the  journals,  upon  the  final  passage  of  every  bill,  and 


FLORIDA.  .  299 


may  bv  any  two  members,  be  required  upon  any  other  question  ;  and 
any  member  of  either  house  shall  have  liberty  to  dissent  from,  or 
protest  against,  any  act  or  resolution  which  he  may  think  injurious 
to  the  public  or  an  individual,  and  have  the  reasons  of  his  dissent 
entered  on  the  journal. 

12.  Senators  and  representatives  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  General  Assembly,  and  in  going  to  or  returning  from 
the  same,  allowing  one  day  for  every  twenty  miles  such  member 
may  reside  from  the  place  at  which  the  General  Assembly  is  con- 
vened ;  and  for  any  speech  or  debate  in  either  house,  they  shall  not 
be  questioned  in  any  other  place. 

13.  The  General  Assembly  shall  make  provision  by  law  for  filling 
vacancies  that  may  occur  in  either  house,  by  the  death,  resignation, 
or  otherwise,  of  any  of  its  members. 

14.  The  doors  of  each  house  shall  be  open,  except  on  such  occa- 
sions as,  in  the  opinion  of  the  house,  the  public  safety  may  imperi- 
ously require  secrecy. 

15.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

16.  Bills  may  originate  in  either  house  of  the  General  Assembly, 
and  all  bills  passed  by  one  house  may  be  discussed,  amended,  or  re- 
jected by  the  other ;  but  no  bill  shall  have  the  force  of  law  until,  on 
three  several  days,  it  be  read  in  each  house,  and  free  discussion  be 
allowed  thereon,  unless,  in  cases  of  urgency,  four-fifths  of  the  house 
in  which  the  same  shall  be  depending,  may  deem  it  expedient  to  dis-^ 
pense  with  the  rule ;  and  every  bill  having  passed  both  houses,  shall 
he  signed  by  the  Speaker  and  President  of  their  respective  houses. 

17.  Each  member  of  the  General  Assembly  shall  receive,  from 
the  public  treasury,  such  compensation  for  his  services  as  may  be 
fixed  by  law ;  but  no  increase  of  compensation  shall  take  effect  dur- 
ing the  term  for  which  the  representatives  were  elected  when  such 
law  passed. 

18.  The  number  of  members  of  the  House  of  Representatives 
shall  never  exceed  sixiy. 

ARTICLE  Y.— Judicial  Department 

Sec.  1.  The  judicial  power  of  this  State,  both  as  to  matters  of 
law  and  equity,  shall  be  vested  in  a  Supreme  Court,  courts  of  chan- 
cery, circuit  courts,  and  justices  of  the  peace  :  provided  the  General 
Assembly  may  also  vest  such  criminal  jurisdiction  as  may  be  deemed 
necessary  in  corporation  courts ;  but  such  jurisdiction  shall  not  ex- 
tend to  capital  offences. 

2.  The  Supreme  Court,  except  in  cases  otherwise  directed  in  this 
Constitution,  shall  have  ajpeilate  jurisdiction  only,  which  shall  be 
CO- extensive  with  the  State  under  such  restrictions  and  regulations, 


300  .  CONSTITUTION    OF 


not  repugnant  to  this  Constitution,  as  may  from  time  to  time  be 
prescribed  by  law;  provided  that  the^said  Court  shall  always  have 
power  to  issue  writs  of  injunction^  mandamus^  quo  tvarranto,  habeas 
corpus,  and  such  other  remedial  and  original  writs  as  may  be  neces- 
sary to  give  it  a  general  superintendence  and  control  of  all  other 
courts. 

3.  For  the  term  of  five  years,  from  the  election  of  the  judges  of 
the  circuit  courts,  and  thereafter  until  the  Greneral  Assembly  shall 
otherwise  provide,  the  powers  of  the  Supreme  Court  shall  be  vested 
in,  and  its  duties  performed  by,  the  judges  of  the  several  circuit 
courts  within  this  State  ;  and  they  or  a  majority  of  them,  shall  hold 
such  sessions  of  the  Supreme  Court,  and  at  such  times,  as  may  be 
directed  by  law. 

4.  The  Supreme  Court,  when  organized,  shall  be  holden  at  such 
times  and  places  as  may  be  provided  by  law. 

5.  The  State  shall  be  divided  into  at  least  four  convenient  cir 
cuits  ;  and  until  other  circuits  shall  be  provided  for  by  the  G-eneral 
Assembly,  the  arrangement  of  the  circuits  shall  be  the  western, 
middle,  eastern,  and  southern  circuits ;  and  for  each  circuit  there 
shall  be  appointed  a  judge,  who  shall,  after  his  appointment,  reside 
in  the  circuit  for  which  he  has  been  appointed,  and  shall,  at  stated 
times,  receive  for  his  services  a  salary  of  not  less  than  two  thousand 
dollars  per  annum,  which  shall  not  be  diminished  during  the  con- 
tinuance of  sucJi  judge  in  ofiice ;  but  the  judges  shaU  receive  no 
fees  or  perquisites  of  office,  nor  hold  any  other  office  of  profit  under 
this  State,  the  United  States,  or  any  other  power. 

6.  The  circuit  courts  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  within  this  State,  not  otherwise  excepted  in 
this  Constitution. 

7.  A  circuit  court  shall  be  held  in  such  counties,  and  at  such 
times  and  places  therein,  as  may  be  prescribed  by  law ;  and  the 
judges  of  the  several  circuit  courts  may  hold  courts  for  each  other, 
and  shall  do  so  when  directed  by  law. 

8.  The  Greneral  Assembly  shall  have  power  to  establish  and  or- 
ganize a  separate  Court  or  courts  of  original  equity  jurisdiction ; 
but  until  such  Court  or  courts  shall  be  established  and  organized,  the 
circuit  courts  shall  exercise  such  jurisdiction. 

9.  The  General  Assembly  shall  provide  by  law  for  the  appoint- 
ment, in  each  county,  of  an  officer  to  take  probate  of  wills,  to  grant 
letters  testamentary  of  administration  and  guardianship  ;  to  attend 
to  the  settlements  of  the  estates  of  decedents  and  of  minors,  and  to 
discharge  the  duties  usually  pertaining  to  courts  of  ordinary,  subject 
to  the  direction  and  supervision  of  the  courts  of  chancery,  as  may 
be  provided  by  law. 

10.  A  competent  number  of  justices  of  the  peace  shall  be  from 
time  to  time  appointed  or  elected  in  and  for  each  county,  in  such 
mode  and  for  such  term  of  office  as  the  G-eneral  Assembly  may  di- 
rect, and  shall  possess  such  jurisdiction  as  may  be  prescribed  by 


FLORIDA.  301 


law ;  aud  in  cases  tried  before  a  justice  of  the  peace,  the  right  of  ap- 
peal shall  be  secured,  under  such  rules  and  regulations  as  may  be 
prescribed  by  law. 

11.  Justices  of  the  Supreme  Court,  chancellors,  and  judges  of 
the  circuit  courts,  shall  be  elected  by  the  concurrent  vote  of  a  major- 
ity of  both  houses  of  the  Greneral  Assembly. 

12.  The  judges  of  the  Circuit  Court  shall,  at  the  first  session  of 
the  General  Assembly  to  be  holden  under  this  Constitution,  be  elect- 
ed for  the  term  of  five  years,  and  shall  hold  their  offices  for  that 
term,  unless  sooner  removed  under  the  provisions  made  in  this 
Constitution  for  removal  of  judges  by  address  or  impeachment ;  and 
at  the  expiration  of  five  years,  the  justices  of  the  Supreme  Court 
and  the  judges  of  the  circuit  courts  shall  be  elected  for  the  term  of 
and  during  their  good  behavior  ;  and  for  wilful  neglect  of  duty,  or 
other  reasonable  cause,  which  shall  not  be  sufficient  ground  for  im- 
peachment, the  Governor  shall  remove  any  of  them,  on  the  address 
of  two-thirds  of  each  house  of  the  General  Assembly ;  provided, 
however,  that  the  cause  or  causes  shall  be  stated  at  length  in  such 
address,  and  entered  on  the  journals  of  each  house ;  and  provided, 
further,  that  the  cause  or  causes  shall  be  notified  to  the  judge  so  in- 
tended to  be  removed,  and  he  shall  be  admitted  to  a  hearing  in  his 
own  defense,  before  any  vote  for  such  address  shall  pass  ;  and  in 
such  cases  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on 
the  journals  of  each  house  respectively. 

13.  The  clerk  of  the  Supreme  Court,  and  the  clerks  of  the  courts 
of  chancery,  shall  be  elected  by  the  General  Assembly ;  and  the 
clerks  of  the  circuit  courts  shall  be  elected  by  the  qualified  electors, 
in  such  mode  as  may  be  prescribed  by  law. 

14.  The  justices  of  the  Supreme  Court,  chancellors,  and  judges- 
of  the  circuit  courts,  shall,  by  virtue  of  their  offices,  be  conservators 
of  the  peace  throughout  the  State,  and  justices  of  the  peace  in  their 
respective  counties. 

15.  The  style  of  all  processes  shall  be,  "  the  State  of  Florida;  " 
and  all  criminal  prosecutions  shall  be  carried  on  in  the  name  of  the 
State  of  Florida,  and  all  indictments  shall  conclude,  "  against  the 
peace  and  dignity  of  the  same." 

16.  There  shall  be  an  Attorney-General  for  the  State,  who  shall 
reside  at  the  seat  of  government.  It  shall  be  his  duty  to  attend  all 
sessions  of  the  General  Assembly,  and,  upon  the  passage  of  any  act, 
to  draught  and  submit  to  the  General  Assembly,  at  the  same  session, 
all  necessary  forms  of  proceedings  under  such  laws,  which,  when 
approved,  shall  be  published  therewith  ;  and  he  shall  perform  such 
other  duties  as  may  be  prescribed  by  law.  He  shall  be  elected  by 
joint  vote  of  the  two  houses  of  the  General  Assembly,  and  shall 
hold  his  office  for  four  years ;  but  may  be  removed  by  the  Governor, 
on  the  address  of  two-thirds  of  the  two  houses  of  the  General  As- 
sembly ;  and  shall  receive  for  his  services  a  compensation  to  be  fixed 
by  law. 


302  CONSTITUTION    OF 


17.  There  shall  be  one  solicitor  for  each  circuit,  who  shall  reside 
therein,  to  he  elected  by  the  joint  vote  of  the  Greneral  Assembly, 
who  shall  hold  his  office  for  the  term  of  four  years,  and  shall  receive 
for  his  services  a  compensation  to  be  fixed  by  law. 

18.  No  justice  of  the  Supreme  Court  shall  sit  as  judge,  or  take 
part  in  the  appellate  court,  on  the  trial  or  hearing  of  any  case  which 
shall  have  been  decided  by  him  in  the  court  below. 

19.  The  General  Assembly  shall  have  power  to  establish  in  each 
county  a  board  of  commissioners  for  the  regulation  of  the  county 
business  therein. 

20.  No  duty  not  judicial  shall  be  imposed  by  law  upon  the  justices 
of  the  Supreme  Court,  chancellors,  or  the  judges  of  the  circuit  courts 
of  this  State. 

ARTICLE   VI. 

The  Right  of  Suffrage  and  Qualifications  of  officers ;   Civil  Offices ; 
and  Impeachments  and  Removals  from  Office. 

Sec.  1.  Every  free  white  male  person  of  the  age  of  twenty-one 
years  and  upwards,  and  who  shall  be,  at  the  time  of  offering  to  vote, 
a  citizen  of  the  United  States,  and  who  shall  have  resided  and  had 
his  habitation,  domicil,  home,  and  place  of  permanent  abode,  in 
Florida,  for  two  years  next  preceding  the  election  at  which  he  shall 
offer  to  vote,  and  who  shall  have  at  such  time,  and  for  six  months 
immediately  preceding  said  time  shall  have  had  his  habitation,  domi- 
cil, home,  and  place  of  permanent  abode,  in  the  county  in  which  he 
may  offer  to  vote,  and  who  shall  be  enrolled  in  the  militia  thereof 
(unless  by  law  exempted  from  serving  in  the  militia,)  shall  be  deemed 
a  qualified  elector  at  all  elections  under  this  Constitution,  and  none 
others,  except  at  elections  by  general  ticket  in  the  State  or  district 
prescribed  by  law :  in  which  cases,  the  elector  must  have  been  a  resi- 
dent of  the  State  two  years  next  preceding  the  election,  and  six 
months  within  the  election  district  in  which  he  offers  to  vote :  pro- 
vided that  no  soldier,  seaman,  or  marine  in  the  regular  army  or  navy 
of  the  United  States,  unless  he  be  a  qualified  elector  of  the  State 
previous  to  his  enlistment  as  such  soldier,  seaman  or  marine  in  the 
regular  army  or  navy  of  the  United  States,  or  the  revenue  service, 
shall  be  considered  a  resident  of  the  State,  in  consequence  of  being 
stationed  within  the  same. 

2.  The  General  Assembly  shall,  at  its  first  session,  provide  for 
the  registration  of  all  the  qualified  electors  in  each  county,  and 
thereafter,  from  time  to  time,  of  all  who  may  become  such  qualified 
electors. 

3.  No  president,  director,  cashier,  or  other  officer,  of  any  banking 
company  in  this  State,  shall  be  eligible  to  the  office  of  Governor, 
senator,  or  representative  to  the  General  Assembly  of  this  State,  so 
long  as  he  shall  be  such  president,  director,  cashier,  or  other  officer, 
nor  until  the  lapse  of  twelve  months  from  the  time  at  which  he  shall 
have  ceased  to  be  such  president,  director,  cashier,  or  other  officer. 


FLORIDA.  303 


4.  The  General  Assembly  shall  have  power  to  exclude  from  every 
office  of  honor,  trust,  or  profit,  within  the  State,  and  from  the  right 
of  sufirage,  all  persons  convicted  of  bribery,  perjury,  or  other  infa- 
mous crime. 

5.  No  person  shall  be  capable  of  holding,  or  of  being  elected  to 
any  post  of  honor,  profit,  trust,  or  emolument,  civil  or  military,  leg- 
islative, -executive  or  judicial,  under  the  government  of  this  State, 
who  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge  to 
fight  a  duel,  the  probable  issue  of  which  may  be  the  death  of  the 
challenger  or  challenged,  or  who  shall  be  a  second  to  either  party,  or 
who  shall  in  any  manner  aid  or  assist  in  such  duel,  or  shall  be  know- 
ingly the  bearer  of  such  challenge  or  acceptance,  whether  the  same 
occur  or  be  committed  in  or  out  of  the  State. 

6.  No  person  who  may  hereafter  be  a  collector  or  holder  of  pub- 
lic moneys,  shall  have  a  seat  in  either  house  of  the  Greneral  Assem- 
bly, or  be  eligible  to  any  office  of  trust  or  profit  under  this  State, 
until  he  shall  have  accounted  for,  and  paid  into  the  treasury,  all 
sums  for  which  he  may  be  accountable. 

7.  No  Governor,  member  of  Congress,  or  of  the  General  Assem- 
bly of  this  State,  shall  receive  a  fee,  be  engaged  as  counsel,  agent,  or 
attorney,  in  any  civil  case  or  claim  against  this  State,  or  to  which 
this  State  shall  be  a  party,  during  the  time  he  shall  remain  in  office. 

8.  No  Governor,  justice  of  the  Supreme  Court,  chancellor,  or 
judge  in  this  State,  shall  be  eligible  to  election  or  appointment  to 
any  other  and  different  station,  or  office,  or  post  of  honor  or  emolu- 
ment, under  this  State,  or  to  the  station  of  senator  or  representa- 
tive in  the  Congress  of  the  United  States  from  this  State,  until  one 
year  after  he  shall  have  ceased  to  be  such  governor,  justice,  chan- 
cellor, or  judge. 

9.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  ofece  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased,  during  such  term,  except  such 
offices  as  may  be  filled  by  elections  by  the  people. 

10.  No  minister  of  the  gospel  shall  be  eligible  to  the  office  of  gov- 
ernor, senator,  or  member  of  the  House  of  Representatives  of  this 
State. 

11.  Members  of  the  General  Assembly,  and  all  officers,  civil  and 
military,  before  they  enter  upon  the  execution  of  their  respective 

offices,  shall  take  the  following  oath  or  affirmation :    "  I, ,  do 

swear  (or  affirm)  that  I  am  duly  qualified,  according  to  the  Consti- 
tution of  this  State,  to  exercise  the  office  to  which  I  have  been^elected 
(or  appointed),  and  will,  to  the  best  of  my  abilities,  discharge  the 
duties  thereof,  and  preserve,  protect,  and  defend  the  Constitution  of 
this  State  and  of  the  United  States." 

12.  Every  person  shall  be  disqualified  from  serving  as  governor 
senator,  representative,  or  from  holding  any  other  office  of  honor  or 
profit  in  this  State,  for  the  term  for  which  he  shall  have  been  elected. 


304  CONSTITUTION   OF 


who  sliall  have  been  convicted  of  having  given  or  offered  any  bribe 
to  procure  his  election. 

13.  Laws  shall  be  made  by  the  General  Assembly,  to  exclude 
from  office  and  from  suffrage  those  who  shall  have  been,  or  may 
thereafter  be,  convicted  of  bribery,  perjury,  forgery,  or  other  high 
crime  or  misdemeanor ;  and  the  privilege  of  suffrage  shall  be  sup- 
ported by  laws  regulating  elections,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  thereon  from  power,  bribery,  tumult, 
or  other  improper  practices. 

14.  All  civil  officers  of  the  State  at  large  shall  reside  within  the 
State,  and  all  district  or  county  officers  within  their  respective  dis- 
tricts or  counties,  and  shall  keep  their  respective  offices  at  such 
places  therein  as  may  be  required  by  law. 

15.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate  by 
law  in  what  cases  and  what  deduction  from  the  salaries  of  public 
officers  shall  be  made  for  neglect  of  duty  in  their  official  capacity. 

16.  Returns  of  elections  for  members  of  Congress  and  the  Gene- 
ral Assembly  shall  be  made  to  the  Secretary  of  State,  in  manner  to 
be  prescribed  by  law. 

17.  In  all  elections  by  the  General  Assembly,  the  vote  shall  be 
viva  voce ;  and  in  all  elections  by  the  people,  the  vote  shall  be  by 
ballot. 

1 8.  No  member  of  Congress,  or  person  holding  or  exercising  any 
office  of  profit  under  the  United  States,  or  under  any  foreign  power, 
shall  be  eligible  as  a  member  of  the  General  Assembly  of  this  State, 
or  hold  or  exercise  any  office  of  profit  under  the  State ;  and  no  per- 
son in  this  State  shall  ever  hold  two  offices  of  profit  at  the  same 
time,  except  the  office  of  justice  of  the  peace,  notary  public,  consta- 
ble, and  militia  offices. 

19.  The  General  Assembly  shall  by  law  pi'ovide  for  the  appoint- 
ment or  election  and  the  removal  from  office,  of  all  officers,  civil  and 
military,  in  this  State,  not  provided  for  in  this  Constitution. 

20.  The  power  of  impeachment  shall  be  vested  in  the  House  of 
Kepresentatives. 

21.  All  impeachments  shall  be  tried  by  the  Senate;  and  when 
sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affirma- 
tion ;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

22.  The  Governor,  and  all  civil  officers,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office :  but  judgment  in  such  cases 
shall  not  extend  further  than  to  removal  from  office,  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit,  under  this  State : 
but  the  parties  shall  nevertheless  be  liable  to  indictment,  trial,  and 
punishment,  according  to  law. 

ARTICLE  Nil.— Militia. 
All  militia  officers  shall  be  elected  by  those  persons  who  are  sub- 


FLORIDA. 


305 


jecirto  military  duty,  within  their  respective  companies,  regiments, 
or  battalions. 

ARTICLE  YllL—Taxatio7i  and  Revenue. 

No  greater  amount  of  tax  or  revenue  -shall  be  levied,  than  may  be 
required  for  the  necessary  expenses  of  government.  A  regular 
statement  of  the  receipts  and  expenditures  of  all  the  public  moneys 
shall  be  published  annually,  with  the  laws  of  the  General  Assembly. 

ARTICLE  IX. 

This  article  provides  for  the  taking  of  the  census  every  ten  years, 
of  the  inhabitants  of  the  State ;  and  that  to  the  whole  number  of  free 
white  inhabitants  shall  be  added  three-fifths  of  the  number  of  slaves : 
and  that  the  representatives  shall  be  equally  apportioned  in  the  dif- 
ferent counties,  according  to  such  enumeration :  each  county  shall 
have  at  least  one  representative,  and  increase  in  a  uniform  ratio  of 
population.  The  State  is  divided  into  sixteen  senatorial  districts : 
each  district  shall  be  entitled  to  at  least  one  senator ;  the  number  of 
senators  shall  not  be  less  than  one-fourth,  nor  more  than  one-half,  of 
the  whole  number  of  representatives,  and  chosen  in  the  same  manner. 

ARTICLE  X.— Education. 
The  proceeds  of  all  lands  granted  by  the  United  States,  for  the 
use  of  schools,  shall  remain  a  perpetual  fund — the  interest  of  which 
shall  be  used  for  the  benefit  of  said  sqhools,  and  for  no  other  purpose. 

ARTICLE  XL 

This  article  makes  it  the  duty  of  the  General  Assembly  to  provide 
for  the  safety,  security,  and  appropriation  of  the  proceeds  of  the  pub- 
lic lands.  And  it  also  provides  for  the  encouragement  of  such 
internal  improvements  as  are  essential  to  the  development  of  the 
resources  jf  the  country. 

ARTICLE  XII. 

This  article  refers  only  to  the  extent  of  the  jurisdiction  of  Florida, 
embracing  the  territory  ceded  to  the  United  States  in  1819. 

ARTICLE  XIII. — Banks  and  other  Corporations. 

No  act  of  incorporation  shall  be  passed,  or  altered,  except  by  the 
assent  of  two-thirds  of  each  branch  of  the  Legislature.  No  bank 
charter  shall  be  granted  for  more  than  twenty  years,  nor  shall  it  be 
extended,  or  renewed.  The  capital  of  a  bank  shall"  not  exceed  one 
hundred  thousand  dollars ;  nor  shall  a  dividend  be  made  exceeding 
ten  per  cent,  a  year.  Stockholders  shall  be  individually  liable  for 
the  debts  of  the  bank ;  and  no  note  shall  be  issued  for  less  than  five 
dollars.  The  credit  of  the  State  shall  not  be  pledged  in  aid  of  any 
corporalion  whatsoever. 


306  CONSTITUTION    OP 


ARTICLE  XIV. 

No  convention  of  tlie  people  shall  be  called,  nnless  by  the  con- 
currence of  two-thirds  of  eagh  house  of  the  General  Assembly.  No 
part  of  the  Constitution  shall  be  altered,  unless  the  bill  to  alter  first 
be  read  three  times  in  each  house,  for  three  several  days,  and  agreed 
to  by  two-thirds  of  each  house  ;  the  same  to  be  published  six  months 
previous  to  a  new  election  for  members  of  the  House  of  Representa- 
tives. 

ARTICLE  XV. 

The  seat  of  government  shall  remain  at  Tallahasse  for  the  term 
of  five  years ;  the  G-eneral  Assembly  then  shall  have  the  power  to 
remove  it  to  some  other  point  for  five  years. 

ARTICLE   XYl.— General  Provisions. 

Sec.  1.  The  General  Assembly  shall  have  no  power  to  pass  laws 
for  the  emancipation  of  slaves. 

2.  They  shall  have  no  power  to  prevent  emigrants  to  this  State , 
from  bringing  with  them  such  persons  as  may  be  deemed  slaves  by  the 
laws  of  any  one  of  the  United  States  :  provided  they  shall  have  power 
to  enact  laws  to  prevent  the  introduction  of  any  slaves  who  may 
have  committed  crimes  in  other  States. 

3.  The  General  Assembly  shall  have  power  to  pass  laws  to  prevent 
free  negroes,  mulattoes,  and  other  persons  of  color,  from  immigrating 
to  this  State,  or  from  being  discharged  from  on  board  any  vessel  in 
any  of  the  ports  of  Florida. 

4.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid.  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  his  confession  in  open  court. 

5.  Divorces  from  the  bonds  of  matrimony  shall  not  be  allowed 
but  by  the  judgment  of  a  court,  as  shall  be  prescribed  by  law. 

6.  The  General  Assembly  shall  declare  by  law,  what  parts  of  the 
common  law,  and  what  parts  of  the  civil  law,  not  inconsistent  with 
this  Constitution,  shall  be  in  force  in  this  State. 

7.  The  oaths  of  officers,  directed  to  be  taken  under  this  Consti- 
tution, may  be  administered  by  any  judge  or  justice  of  the  peace  of 
the  territory  or  State  of  Florida,  until  otherwise  prescribed  by  law. 


ALABAMA. 


This  State  was  first  included  in  the  territorial  limits  of  Georgia,  except  a 
small  part  which  belonged  to  Florida.  In  1802  Georgia  ceded  to  the  United 
States  all  her  territory  lying  west  of  the  Chatahooche  river  and  extending  to 
the  Mississippi  river.  In  1817  it  was  constituted  the  Mississippi  territory. 
In  1820  it  became  an  independent  State,  and  was  admitted  into  the  Union . 
Alabama  adopted  its  Constitution  in  1819. 

Area,  46,000  sq.  m.  Pop.  in  1850,  771,671— of  whom  342,894  are  slaves. 
Free  colored,  2,250. 

CONSTITUTION. 

ARTICLE  1.— Declaration  of  Rights. 

That  the  general,  great,  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established,  we  declare : 

Sec.  1.  That  all  freemen,  when  they  form  a  social  compact,  are 
equal  in  rights ;  and  that  no  man  or  set  of  men  are  entitled  to  exclu- 
sive, separate  public  emoluments  or  privileges,  but  in  consideration 
of  public  services. 

2.  All-  political  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 


308  CONSTITUTION   OF 


benefit  :  and,  therefore,  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  alter,  reform,  or  abolish  their  form  of  govern- 
ment, in  such  manner  as  they  may  think  expedient. 

3.  No  person  within  this  State  shall,  upon  any  pretence,  be  depri- 
ved of  the  inestimable  privilege  of  worshiping  God  in  the  manner 
most  agreeable  to  his  own  conscience  ;  nor  be  compelled  to  attend 
any  place  of  worship  ;  nor  shall  any  one  ever  be  obliged  to  pay  any 
tithes,  taxes,  or  other  rate,  for  the  building  or  repairing  any  place 
of  worship,  or  for  the  maintenance  of  any  minister  or  ministry. 

4.  No  human  authority  ought,  in  any  case  whatever,  to  control  or 
interfere  with  the  rights  of  conscience. 

5.  No  person  shall  be  hurt,  molested,  or  restrained  in  his  reli- 
gious profession,  sentiments,  or  persuasions,  provided  he  does  not 
disturb  others  in  their  religious  worship. 

6.  The  civil  rights,  privileges,  or  capacities  of  any  citizen,  shall 
in  no  way  be  diminished,  or  enlarged,  on  account  of  his  religious 
principles. 

7.  There  shall  be  no  establishment  of  religion  by  law  ;  no  prefer- 
ence shall  ever  be  given  by  law  to  any  religious  sect,  society,  de- 
nomination, or  mode  of  worship  :  and  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  ofl&ce  or  public  trust  under  this 
State. 

8.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

9.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  seizures  or  searches ;  and  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  thing,  shall 
issue  without  describing  them  as  nearly  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation. 

10.  In  all  criminal  prosecutions,  the  accused  has  a  right  to  be 
heard  by  himself  and  counsel ;  to  demand  the  nature  and  cause  of 
the  accusation,  and  have  a  copy  thereof :  to  be  confronted  by  the 
witnesses  against  him :  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  in  all  prosecutions,  by  indictment  or 
information,  a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offence  shall  have  been  committed  :  he  shall 
not  be  compelled  to  give  evidence  against  himself,  nor  shall  he  be 
deprived  of  his  life,  liberty,  or  property,  but  by  due  course  of  law. 

11.  No  person  shall  be  accused,  arrested,  or  detained,  except  in 
cases  ascertained  by  law,  and  according  to  the  forms  which  the  same 
has  prescribed :  and  no  person  shall  be  punished,  but  in  virtue  of  a 
law,  established  and  promulgated  prior  to  the  offence,  and  legally 
applied. 

12.  No  person  shall,  for  any  indictable  offence,  be  proceeded  against 
criminally,  by  information  ;  except  in  cases  arising  in  the  land  and 
naval  forces,  or  the  militia  when  in  actual  service,  or,  by  leave  of  the 
court,  for  oppression  or  misdemeanor  in  office. 

13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 


ALABAMA.  309 


of  life  or  limb  ;  nor  shall  any  person's  property  be  taken  or  applied 
to  public  use,  unless  just  compensation  be  made  therefor. 

14.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him,  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy  by 
due  course  of  law,  and  right  and  justice  administered  without  sale, 
denial,  or  delay. 

15.  No  power  of  suspending  laws  shall  be  exercised,  except  by 
the  General  Assembly,  or  its  authority. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  punishments  inflicted. 

1 7.  All  persons  shall,  before  conviction,  be  bailable  by  sufficient 
securities,  except  for  capital  offences,  when  the  proof  is  evident,  or 
the  presumption  great :  and  the  privilege  of  the  writ  of  "  habeas 
corpus"  shall  not  be  suspended,  unless  when,  in  case  of  rebellion,  or 
invasion,  the  public  safety  may  require  it. 

18.  The  person  of  a  debtor,  where  there  is  not  strong  presumption 
of  fraud,  shall  not  be  detained  in  prison,  after  delivering  up  his  es- 
tate for  "the  benefit  of  his  creditors,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

19.  No  ex  post  facto  law,  nor  law  impairing  the  obligation  of  con- 
tracts, shall  be  made. 

20.  No  person  shall  be  attainted  of  treason  or  felony  by  the  Greneral 
Assembly.  No  attainder  shall  work  corruption  of  blood,  nor  for- 
feiture of  estate. 

21.  The  estates  of  suicides  shall  descend  or  vest  as  in  cases  of  nat- 
ural death  ;  if  any  person  shall  be  killed  by  casualty,  there  shall  be 
no  forfeiture  by  reason  thereof. 

22.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  their  common  good,  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievances,  or  other  proper 
purposes,  by  petition,  address,  or  remonstrance. 

23.  Every  citizen  has  a  right  to  bear  arms  in  defense  of  himself 
and  the  State. 

24.  No  standing  army  shall  be  kept  up  without  the  consent  of 
the  Greneral  Assembly  ;  and,  in  that  case,  no  appropriation  of  money 
for  its  support  shall  be  for  a  longer  term  than  one  year  ;  and  the 
military  shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordina- 
tion to  the  civil  power. 

25.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

26.  No  title  of  nobility,  or  hereditary  distinction,  privilege,  honor, 
or  emolument,  shall  ever  he  granted  or  conferred  in  this  State ;  nor 

.  shall  any  office  be  created,  the  appointment  of  which  shall  be  for  a 
longer  term  than  during  good  behavior. 

27.  Emigration  from  this  State  shall  not  be  prohibited,  nor  shall 
any  citizen  be  exiled. 

28.  The  right  of  trial  by  jury  shall  remain  inviolate. 


310 


CONSTITUTION    OF 


29.  No  person  shall  be  debarred  from  prosecuting  or  defending 
any  civil  cause,  for  or  against  him  or  herself,  before  any  tribunal  in 
this  State,  by  him  or  herself  or  counsel. 

30.  This  enumeration  of  certain  rights  shall  not  be  construed  to 
deny  or  disparage  others  retained  by  the  people ;  and  to  guard 
against  any  encroachments  on  the  rights  herein  retained,  or  any 
transgression  of  any  of  the  high  powers  herein  delegated,  we  declare, 
that  everything  in  this  article  is  excepted  out  of  the  general  powers 
of  government,  and  shall  forever  remain  inviolate  ;  and  that  all  laws 
contrary  thereto,  or  to  the  following  provisions,  shall  be  void. 

ARTICLE  11.— Distribution  of  Powers. 

Sec.  1.  The  powers  of  the  government  of  the  State  of  Alabama 
shall  be  divided  into  three  distinct  departments ;  and  each  of  them 
confided  to  a  separate  body  of  magistracy,  to  wit :  those  which  are 
legislative  to  one ;  those  which  are  executive  to  another ;  and  those 
which  are  judicial  to  another. 

2.  No  person,  or  collection  of  persons,  being  one  of  those  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

ARTICLE  III. — Legislative  De'partment. 

Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  two 
distinct  branches :  the  one  to  be  styled  the  Senate,  and  the  other 
the  House  of  Representatives,  and  both  together  "  the  General  As- 
sembly of  the  State  of  Alabama ;"  and  the  style  of  their  laws  shall 
be,  "  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Alabama,  in  G-eneral  Assembly  convened." 

2.  The  members  of  the  House  of  Representatives  shall  be  chosen 
by  the  qualified  electors,  and  shall  serve  for  the  term  of  one  year, 
from  the  day  of  the  commencement  of  the  general  election,  and  no 
longer. 

3.  The  representatives  shall  be  chosen  every  year,  on  the  first 
Monday  and  the  day  following  in  August,  until  otherwise  directed 
by  law. 

4.  No  person  shall  be  a  representative,  unless  he  be  a  white  man, 
a  citizen  of  the  United  States,  and  shall  have  been  an  inhabitant  of 
this  State  two  years  next  preceding  his  election,  and  the  last  year 
thereof  a  resident  of  the  county,  city,  or  town,  for  which  he  shall  be 
chosen,  and  shall  have  attained  the  age  of  twenty-one  years. 

5.  Every  white  male  person  of  the  age  of  twenty-one  years,  or 
upwards,  who  shall  be  a  citizen  of  the  United  States,  and  shall  have 
resided  in  this  State  one  year  next  preceding  an  election,  and  the 
last  three  months  within  the  county,  city,  or  town,  in  which  he  ofi"ers 
to  vote,  shall  be  deemed  a  qualified  elector :  provided,  that  no  sol- 
dier, seaman,  or  marine,  in  the  regular  army  or  navy  of  the  United 
■States,  shall  be  entitled  to  vote  at  any  election  in  this  State  ;   and 


ALABAMA.  311 


provided,  also,  that  no  elector  shall  be  entitled  to  vote  except  in 
the  county,  city,  or  town,  (entitled  to  separate  representation,)  in 
which  he  may  reside  at  the  time  of  the  election. 

6.  Electors  shall,  in  all  cases,  except  in  those  of  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  elections,  and  in  going  to  and  returning  from  the  same. 

7.  In  all  elections  by  the  people,  the  electors  shall  vote  by  ballot, 
until  the  Greneral  Assembly  shall  otherwise  direct. 

8.  Elections  for  representatives  for  the  several  counties  shall  be 
held  at  the  place  of  holding  their  respective  courts,  and  at  such  other 
places  as  may  be  prescribed  by  law :  Provided,  that  when  it  shall  ap- 
pear to  the  Gi-eneral  Assembly  that  any  city  or  town  shall  have  a 
number  of  white  inhabitants  equal  to  the  ratio  then  fixed,  such  city 
or  town  shall  have  a  separate  representation,  according  to  the  num-- 
ber  of  white  inhabitants  therein ;  which  shall  be  retained  so  long  as 
such  city  or  town  shall  contain  a  number  of  white  inhabitants  equal 
to  the  ratio  which  may  from  time  to  time  be  fixed  by  law ;  and  there- 
after, and  during  the  existence  of  the  right  of  separate  representa- 
tion, in  such  city  or  town,  elections  for  the  county  in  which  such  city 
or  town  (entitled  to  such  separate  representation)  is  situated,  shall 
not  be  held  in  such  city  or  town  ;  but  it  is  understood  and  hereby 
declared,  that  no  city  or  town  shall  be  entitled  to  separate  repre- 
sentation, unless  the  number  of  white  inhabitants  in  the  county  in 
which  such  city  or  town  is  situated,  residing  out  of  the  limits  of  said 
city  or  town,  be  equal  to  the  existing  ratio ;  or  unless  the  residuum 
or  fraction  of  such  city  or  town  shall,  when  added  to  the  white  in- 
habitants of  the  county  residing  out  of  the  limita  of  said  city  or 
town,  be  equal  to  the  ratio  fixed  for  law  by  one  representative ;  and 
provided,  that,  if  the  residuum  or  fraction  of  any  city  or  town,  enti- 
tled to  separate  representation,  shall,  when  added  to  the  residuum  of 
the  county  in  which  it  may  lie,  be  equal  to  the  ratio  fixed  by  law  for 
one  representative,  then  the  aforesaid  county,  city,  or  town,  having 
the  largest  residuum,  shall  be  entitled  to  such  representation :  and 
provided,  also,  that  when  there  are  two  or  more  counties  adjoining, 
which  have  residuums  or  fractions  over  and  above  the  ratio  then 
fixed  by  law,  if  said  residuums  or  fractions,  when  added  together, 
will  amount  to  such  ratio,  in  that  case  one  representative  shall  be 
added  to  that  county  having  the  largest  residuum. 

9.  The  Greneral  Assembly  shall,  at  their  first  meeting  and  in  the 
years  one  thousand  eight  hundred  and  twenty,  one  thousand  eight 
hundred  and  twenty-three,  one  thousand  eight  hundred  and  twenty- 
six,  and  every  six  years  thereafter,  cause  an  enumeration  to  be  made 
of  all  the  inhabitants  of  the  State,  and  the  whole  number  of  the  rep- 
resentatives shall,  at  the  first  session  held,  after  making  every  such 
enumeration,  be  fixed  by  the  Greneral  Assembly,  and  apportioned 
among  the  several  counties,  cities,  or  towns,  entitled  to  separate 
representation,  according  to  their  respective  numbers  of  white  in- 
habitants ;    and  the  said  apportionment,  when  made,  shall  not  be 

23 


312  CONSTITUTION    OF 

subject  to  alteration,  until  after  the  next  census  shall  be  taken.  The 
House  of  Representatives  shall  not  consist  of  less  than  forty-four  nor 
more  than  sixty  members,  until  the  number  of  white  inhabitants 
shall  be  one  hundred  thousand,  and  after  that  event,  the  whole  num- 
ber of  representatives  shall  never  be  less  than  sixty,  nor  more  than 
one  hundred :  Provided,  however,  that  each  county  shall  be  entitled 
to  at  least  one  representative. 

1 0.  The  General  Assembly  shall,  at  the  first  session,  after  making 
every  such  enumeration,  fix  by  law  the  whole  number  of  senators, 
and  shall  divide  the  State  into  the  same  number  of  districts,  as 
nearly  equal  in  the  number  of  white  inhabitants  as  may  be,  each  of 
which  districts  shall  be  entitled  to  one  senator  and  no  more  :  Pro- 
vided, that  the  whole  number  of  senators  shall  never  be  less  than 
•one-fourth,  nor  more  than  one-third,  of  the  whole  number  of  rep- 
resentatives. 

11.  When  a  senatorial  district  shall  be  composed  of  two  or  more 
counties,  the  counties  of  which  such  district  consists  shall  not  be  en- 
tirely separated  by  any  county  belonging  to  another  district ;  and 
no  county  shall  be  divided  in  forming  a  district. 

12.  Senators  shall  be  chosen  by  the  qualified  electors,  for  the 
term  of  three  years,  at  the  same  time,  in  the  same  manner,  and  at 
the  same  places,  where  they  may  vote  for  members  of  the  House  of 
Representatives  and  no  person  shall  be  a  senator  unless  he  be  a 
white  man,  a  citizen  of  the  United  States,  and  shall  have  been  an 
inhabitant  of  this  State  two  years  next  preceding  his  election,  and 
the  last  year  thereof  a  resident  of  the  district  for  which  he  shall  be 
chosen,  and  shall  have  attained  to  the  age  of  twenty-seven  years. 

13.  The  senators  chosen  according  to  the  apportionment  under 
the  census  ordered  to  be  taken  in  one  thousand  eight  hundred 
and  twenty-six,  when  convened,  shall  be  divided  by  lot  into  three 
classes,  as  nearly  equal  as  may  be.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year,  those 
of  the  second  class  at  the  expiration  of  the  second  year,  and  those 
of  the  third  class  at  the  expiration  of  the  third  year,  so  that  one- 
third  may  be  annually  chosen  thereafter,  and  a  rotation  thereby  kept 
up  perpetually.  Such  mode  of  classifying  new  additional  senators 
shall  be  observed  as  will,  as  nearly  as  possible,  preserve  an  equality 
of  members  in  each  class. 

14.  The  House  of  Representatives,  when  assembled,  shall  choose 
a  speaker,  and  its  other  officers  ;  and  the  Senate  shall  annually  choose 
a  President,  and  its  other  officers ;  each  house  shall  judge  of  the 
qualifications,  elections,  and  returns  of  its  own  members  :  but  a  con- 
tested election  shall  be  determined  in  such  manner  as  shall  be  di- 
rected by  law. 

15.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  bu- 
siness, but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  nenalties,  as  each  house  may  provide. 


ALABAMA.  313 


16.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  behavior,  and  with  the  consent  of 
two-thirds  expel  a  member ;  but  not  a  second  time  for  the  same 
cause ;  and  shall  have  all  other  powers  necessary  for  a  branch  of 
the  Legislature  of  a  free  and  independent  State. 

1 7.  Each  house  during  the  session,  may  punish  by  imprisonment, 
any  person  not  a  member,  for  disrespectful  or  disorderly  behavior 
in  its  presence,  or  for  obstructing  any  of  its  proceedings :  Provided, 
that  such  imprisonment  shall  not,  at  any  one  time,  exceed  forty-eight 
hours. 

18.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  cause 
the  same  to  be  published  immediately  after  its  adjournment,  except- 
ing such  parts  as,  in  its  judgment,  may  require  secrecy ;  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall 
at  the  desire  of  any  two  members  present,  be  entered  on  the  jour- 
nals. And  any  member  of  either  house  shall  have  liberty  to  dissent 
from,  or  protest  against,  any  act  or  resolution  which  he  may  think 
injurious  to  the  public  or  an  individual,  and  have  the  reasons  of  his 
dissent  entered  on  the  journals. 

19.  Senators  and  representatives  shall,  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  Greneral  Assembly,  and  in  going  to  and  returning 
from  the  same  :  allowing  one  day  for  every  twenty  miles  such  mem- 
bers may  reside  from  the  place  at  which  the  General  Assembly  is 
convened ;  nor  shall  any  member  be  liable  to  answer  for  anything 
spoken  in  debate  in  either  house,  in  any  court  or  place  elsewhere. 

20.  When  vacancies  happen  in  either  house,  the  Governor,  or  the 
person  exercising  the  powers  of  the  Governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

21.  The  doors  of  each  house  shall  be  open,  except  on  such  occa- 
sions as,  in  the  opinion  of  the  house,  may  require  secrecy. 

22.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

23.  Bills  may  originate  in  either  house,  and  be  amended,  altered, 
or  rejected  by  the  other :  but  no  bill  shall  have  the  force  of  a  law 
until  on  three  several  days  it  be  read  in  each  house,  and  free  discus- 
sion be  allowed  thereon,  unless  in  cases  of  urgency,  four-fifths 
of  the  house  in  which  the  bill  shall  be  depending  may  deem  it  ex- 
pedient to  dispense  with  this  rule :  and  every  bill,  having  passed 
both  houses,  shall  be  signed  b}''  the  Speaker  and  President  of  their 
respective  houses :  provided  that  all  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives,  but  the  Senate  may 
amend  or*  reject  them  as  other  bills. 

24.  Each  member  of  the  General  Assembly  shall  receive  from  the 
public  treasury  such  compensation  for  his  services  as  may  be  fixed 
by  law ;  but  no  increase  of  compensation  shall  take  efiect  during  the 
session  at  which  such  increase  shall  have  been  made. 


314  CONSTITUTION    OF 


25.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased,  during  such  term  ;  except  such 
offices  as  may  be  filled  by  elections  by  the  people. 

26.  No  person  holding  any  lucrative  office  under  the  United  States, 
(the  office  of  postmaster  excepted,)  this  State,  or  any  other  power, 
shall  be  eligible  to  the  Greneral  Assembly  ;  provided  that  offices  in 
the  militia  to  which  there  is  attached  no  annual  salary,  or  the  office 
of  justice  of  the  peace,  or  that  of  the  quorum  of  the  county  court, 
while  it  has  no  salary,  shall  not  be  deemed  lucrative. 

27.  No  person  who  may  hereafter  be  a  collector  or  holder  of  public 
moneys  shall  have  a  seat  in  either  house  of  the  General  Assembly, 
or  be  eligible  to  any  office  of  trust  or  profit  under  this  State,  until 
he  shall  have  accounted  for,  and  paid  into  the  treasury,  all  sums  for 
which  he  may  be  accountable. 

28.  The  first  election  for  senators  and  representatives  shall  be 
general  throughout  the  State  ;  and  shall  be  held  on  the  third 
Monday  and  Tuesday  in  September  next. 

29.  The  first  session  of  the  General  Assembly  shall  commence  on 
the  fourth  Monday  in  October  next,  and  be  held  at  the  town  of 
Huntsville,  and  all  subsequent  sessions  at  the  town  of  Cahawba, 
until  the  end  of  the  first  session  of  the  General  Assembly  to  be  held 
in  the  year  one  thousand  eight  hundred  and  twenty-five  ;  during 
that  session  the  General  Assembly  shall  have  power  to  designate  by 
law  (to  which  the  executive  concurrence  shall  not  be  required)  the 
permanent  seat  of  government,  which  shall  not  thereafter  be  changed ; 
Provided,  however,  that  unless  such  designation  be  then  made  by 
law,  the  government  shall  continue  permanently  at  the  town  of  Ca- 
hawba ;  and  provided,  also,  that  the  General  Assembly  shall  make 
no  appropriations  previous  to  the  year  one  thousand  eight  hundred 
and  twenty-five,  for  the  building  of  any  other  state  house  than  that 
now  provided  for  by  law. 

ARTICLE  IV. — Executive  Department. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  chief  magistrate,  who  shall  be  styled  the  Governor  of  the  State  of 
Alabama. 

2.  The  Governor  shall  be  elected  by  the  qualified  electors  at  the 
time  and  places  when  they  shall  respectively  vote  for  representatives. 

3.  The  returns  of  every  election  for  Governor  shall  be  sealed  up, 
and  transmitted  to  the  seat  of  government,  directed  to  the  Speaker 
of  the  House  of  Representatives,  who  shall,  during  the  first  week 
of  the  session,  open  and  publish  them  in  presence  of  both  houses 

'of  the  General  Assembly.  The  person  having  the  highest  number 
of  votes  shall  be  Governor,  but  if  two  or  more  shall  be  equal  and 
highest  in  votes,  one  of  them  shall  be  chosen  Governor  by  the  joint 
vote  of  both  houses.     Contested  elections  for  Governor  shall  be  de- 


ALABAMA.  315 


termined  by  both  houses  of  the  G-eneral  Assembly,  in  such  manner 
as  shall  be  prescribed  by  law. 

4.  The  Governor  shall  hold  his  office  for  the  term  of  two  years 
from  the  time  of  his  installation,  and  until  his  successor  shall  be  du- 
ly qualified,  but  shall  not  be  eligible  for  more  than  four  years  in  any 
term  of  six  years :  he  shall  be  at  least  thirty  years  of  age,  shall  be  a 
native  citizen  of  the  United  States,  and  shall  have  resided  in  this 
State  at  least  four  years  next  preceding  the  day  of  his  election. 

5.  He  shall,  at  stated  times,  receive  a  compensation  for  his  servi- 
ces, which  shall  not  be  increased  or  diminished  during  the  term  for 
which  he  shall  have  been  elected. 

6.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia  thereof,  except  when  they  shall  be  called 
into  the  service  of  the  United  States.  And  when  acting  in  the  ser- 
vice of  the  United  States,  the  Greneral  Assembly  shall  fix  his  rank. 

7.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  depaitment  on  any  subject  relating  to  the  duties  of  their 
respective  offices.  « 

8.  He  may,  by  proclamation,  on  extraordinary  occasions,  convene 
the  General  Assembly  at  the  seat  of  government,  or  at  a  different 
place,  if  that  shall  have  become,  since  their  last  adjournment,  dan- 
gerous from  an  enemy  or  from  contagious  disorders ;  in  case  of  dis- 
agreement between  the  two  houses,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think  prop- 
er, not  beyond  the  day  of  the  next  annual  meeting  of  the  General 
Assembly. 

9.  He  shall  from  time  to  time  give  to  the  General  Assembly  in- 
formation of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason 
and  impeachment,  he  shall  have  power  to  grant  reprieves  and  par- 
dons, and  remit  fines  and  forfeitures,  under  such  rules  and  regula- 
tions as  shall  be  prescribed  by  law.  In  cases  of  treason  he  shall 
have  power,  by  and  with  the  advice  and  consent  of  the  Senate,  to 
grant  reprieves  and  pardons ;  and  he  may,  in  the  recess  of  the  Sen- 
ate, respite  the  sentence  until  the  end  of  the  next  session  of  the 
General  Assembly. 

1 2.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the 
Governor,  and  used  by  him  officially,  and  the  present  seal  of  the 
territory  shall  be  the  seal  of  the  State,  until  otherwise  directed  by 
the  General  Assembly. 

13.  All  commissions  shall  be  in  the  name,  and  by  the  authority 
of  the  State  of  Alabama,  be  sealed  with  the  State  seal,  signed  by 
the  Governor,  and  attested  by  the  Secretary  of  State. 

14.  There  shall  be  a  Secretary  of  State  appointed  by  joint  vote 
of  both  houses  of  the  General  Assembly,  who  shall  continue  in  office 
during  the  term  of  two  years.     He  shall  keep  a  fair  register  of  all 


16  CONSTITUTION    OF 


official  acts  and  proceedings  of  the  Governor,  and  shall,  when  re- 
quired, lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative 
thereto,  before  the  General  Assembly ;  and  shall  perform  such  other 
duties  as  may  be  required  of  him  by  law. 

15.  Vacancies  that  may  happen  in  offices,  the  appointment  to 
which  is  vested  in  the  General  Assembly,  shall  be  filled  by  the  Gov- 
ernor during  the  recess  of  the  General  Assembly,  by  granting  com- 
missions which  shall  expire  at  the  end  of  the  next  session. 

16.  Every  bill  which  shall  have  passed  both  houses  of  the  Gene- 
ral Assembly,  shall  be  presented  to  the  Governor ;  if  he  approve, 
he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his  objections,  to 
the  house  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  upon  the  journals,  and  proceed  to  reconsider  it ; 
if,  after  such  reconsideration,  a  majority  of  the  whole  number  elected 
to  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered ;  if  approved  by  a  majority  of  the  whole  number  elected  to 
that  house,  it  shall  become  a  law :  but  in  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  or  against  the  bill  shall  be  entered  on  the  jour- 
nals of  each  house  respectively :  if  any  bill  shall  not  be  returned  by 
the  Governor  within  five  days,  Sundays  excepted,  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it,  unless  the  General  Assembly,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

17.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  questions  of  adjournment, 
shall  be  presented  to  the  Governor,  and  before  it  shall  take  effi3ct, 
be  approved  by  him ;  or  being  disapproved,  shall  be  re-passed  by 
both  houses,  according  to  the  rules  and  limitations  prescribed  in  the 
case  of  a  bill. 

18.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the 
State,  the  President  of  the  Senate  shall  exercise  all  the  power  and 
authority  appertaining  to  the  office  of  Governor,  until  the  time  point- 
ed out  by  this  Constitution  for  the  election  of  Governor  shall  arrive, 
unless  the  General  Assembly  shall  provide  by  law  for  the  election  of 
a  Governor  to  fill  such  vacancy,  or  until  the  Governor  absent  or 
impeached  shall  return  or  be  acquitted. 

19.  If,  during  the  vacancy  of  the  office  of  Governor,  the  Presi- 
dent of  the  Senate  shall  be  impeached,  removed  from  office,  refuse  to 
qualify,  resign,  die,  or  be  absent  from  the  State,  the  Speaker  of  the 
House  of  Representatives  shall  in  like  manner  administer  the  gov- 
ernment. 

20.  The  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives,  during  the  time  they  respectively  administer  the 
government,  shall  receive  the  same  compensation  which   the  Gov- 


ALABAMA.  317 


ernor  would  have  received,  had  he  been  employed  in  the  duties 
of  his  office. 

21.  The  Grovernor  shall  always  reside,  during  the  session  of 
the  G  eneral  Assembly,  at  the  place  where  their  session  may  be  held, 
and  at  all  other  times,  wherever,  in  their  opinion,  public  good  may 
require. 

22.  No  person  shall  hold  the  office  of  Governor,  and  any  other 
office  or  commission,  civil  or  military,  either  in  this  State,  or  under 
any  state  or  the  United  States,  or  any  other  power,  at  one  and  the 
same  time. 

33.  A  State  Treasurer  and  a  Comptroller  of  public  accounts 
shall  be  annually  elected,  by  joint  vote  of  both  houses  of  the  General 
Assembly. 

24.  A  sheriff  shall  be  elected  in  each  county  by  the  qualij&ed  elec- 
tors thereof,  who  shall  hold  his  office  for  the  term  of  three  years  un- 
less sooner  removed,  and  who  shall  not  be  eligible  to  serve  either  as 
principal  or  deputy  for  the  three  succeeding  years.  Should  a  va- 
cancy occur  subsequent  to  an  election,  it  shall  be  filled  by  the  Gov- 
ernor, as  in  other  cases,  and  the  person  so  appointed  shall  continue 
in  office  until  the  next  general  election,  when  such  vacancy  shall  be 
filled  by  the  qualified  electors,  and  the  sheriff  then  elected  shall 
continue  in  office  for  three  years. 

Militia. 

Sec.  1.  The  G-eneral  Assembly  shall  provide  by  law  for  the  or- 
ganizing and  disciplining  the  militia  of  this  State,  in  such  manner 
as  they  shall  deem  expedient,  not  incompatible  with  the  Constitu- 
tion and  laws  of  the  United  States  in  relation  thereto. 

2.  Any  person  who  conscientiously  scruples  to  bear  arms  shall 
not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  personal 
service. 

3.  The  Governor  shall  have  power  to  call  forth  the  militia  to  exe- 
cute the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions. 

4.  All  officers  of  the  militia  shall  be  elected  or  appointed  in  such 
manner  as  may  be  prescribed  by  law  :  Provided,  that  the  General 
Assembly  shall  not  make  any  such  elections  or  appointments,  other 
than  those  of  adjutants-general,  and  quarter-masters-general. 

5.  The  Governor  shall  appoint  his  aids-de-camp  ;  majors-general, 
their  aids-de-camp,  and  all  other  division  staff-officers ;  brigadiers- 
general  shall  appoint  their  aids,  and  all  other  brigade  staff-officers ; 
and  colonels  shall  appoint  their  regimental  staff-officers. 

6.  The  General  Assembly  shall  fix  by  law  the  method  of  dividing 
the  militia  into  divisions,  brigades,  regiments,  battalions,  and  com- 
panies :  and  shall  fix  the  rank  of  all  staff-officers. 

ARTICLE  Y.— Judicial  Department. 
Sec.  1 .  The  judicial  power  of  this  State  shall  be  vested  in  one 


318  CONSTITUTION    OF 


Supreme  Court,  circuit  courts  to  be  held  in  each  county  in  the 
State,  and  such  inferior  courts  of  law  and  equity,  to  consist  of  not 
more  than  five  members,  as  the  General  Assembly  may,  from  time 
to  time,  direct,  ordain,  and  establish. 

2.  The  Supreme  Court,  except  in  cases  otherwise  directed  by  this 
Constitution,  shall  have  appellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  under  such  restrictions  and  regula- 
tions, not  repugnant  to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law  :  Provided  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  mandamus,  quo  warranto,  habeas 
corpus,  and  such  other  remedial  and  original  writs  as  may  be  neces- 
sary to  give  it  a  general  superintendence  and  control  of  inferior 
jurisdictions. 

3.  Until  the  General  Assembly  shall  otherwise  prescribe,  the 
powers  of  the  Supreme  Court  shall  be  vested  in,  and  its  duties  shall 
be  performed  by,  the  judges  of  the  several  circuit  courts  within  this 
State :  and  they,  or  a  majority  of  them,  shall  hold  such  sessions  of 
the  Supreme  Court,  and  at  such  times  as  may  be  directed  by  law : 
Provided,  that  no  judge  of  the  Supreme  Court  shall  be  appointed 
before  the  commencement  of  the  first  session  of  the  General  Assem- 
bly, which  shall  be  begun  and  held  after  the  first  day  of  January, 
in  the  year  one  thousand  eight  hundred  and  twenty-five. 

4.  The  Supreme  Court  shall  be  holden  at  the  seat  of  govern- 
ment, but  may  adjourn  to  a  difierent  place,  if  that  shall  become 
dangerous  from  an  enemy  or  from  disease. 

5.  The  State  shall  be  divided  into  convenient  circuits,  and  each 
circuit  shall  contain  not  less  than  three,  nor  more  than  six  counties  ; 
and  for  each  circuit  there  shall  be  appointed  a  judge,  who  shall, 
after  his  appointment,  reside  in  the  circuit  for  which  he  may  be 
appointed. 

6.  The  circuit  court  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  within  this  State,  not  otherwise  excepted  in 
this  Constitution  ;  but  in  civil  cases,  only  when  the  matter  or  sum 
in  controversy  exceeds  fifty  dollars. 

7.  A  circuit  court  shall  be  held  in  each  county  in  the  State,  at 
least  twice  in  every  year,  and  the  judges  of  the  several  circuit 
courts  may  hold  courts  for  each  other,  when  they  may  deem  it  ex- 
pedient, and  shall  do  so  when  directed  by  law. 

8.  The  General  Assembly  shall  have  power  to  establish  a  court  or 
courts  of  chancery,  with  original  and  appellate  equity  jurisdiction  ; 
and  until  the  establishment  of  such  court  or  courts,  the  said  juris- 
diction shall  be  vested  in  the  judges  of  the  circuit  courts  respec- 
tively :  Provided,  that  the  judges  of  the  several  circuit  courts  shall 
have  power  to  issue  writs  of  injunction,  returnable  into  the  courts 
of  chancery. 

9.  The  General  Assembly  *shall  have  power  to  establish,  in  each 
county  within  this  State,  a  court  of  probate,  for  the  granting  of  let- 
ters testamentary  and  of  administration,  and  for  orphans'  business. 


ALABAMA.  319 


10.  A  competent  number  of  justices  of  the  peace  shall  be  appoint- 
ed in  and  for  each  county,  in  such  mode,  and  for  such  term 
of  office,  as  the  General  Assembly  may  direct.  Their  jurisdiction 
in  civil  cases  shall  be  limited. to  causes  in  which  the  amount 
in  controversy  shall  not  ex:ceed  fifty  dollars.  And  in  all  cases,  tried 
by  a  justice  of  the  peace,  right  of  appeal  shall  be  secured,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law. 

11.  Judges  of  the  Supreme  and  circuit  courts,  and  courts  of 
chancery,  shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation, which  shall  be  fixed  by  law,  and  shall  not  be  diminished 
during  their  continuance  in  office :  but  they  shall  receive  no  fees  or 
perquisites  of  office,  nor  hold  any  other  office  of  profit  or  trust  under 
this  State,  the  United  States,  or  any  oth^r  power. 

12.  Chancellors,  judges  of  the  Supreme  Court,  judges  of  the  cir- 
cuit courts,  and  judges  of  the  inferior  courts,  shall  be  elected  by 
joint  vote  of  both  houses  of  the  General  Assembly. 

13.  The  judges  of  the  several  courts  in  this  State  shall  hold  their 
offices  during  good  behavior  ;  and  for  wilful  neglect  of  duty,  or  other 
reasonable  cause,  which  shall  not  be  sufficient  ground  for  impeach- 
ment, the  Governor  shall  remove  any  of  them,  on  the  address  of 
two-thirds  of  each  house  of  the  General  Assembly ;  provided  how- 
ever, that  the  cause  or  causes  for  which  such  removal  shaH  bB  re- 
quired, shall  be  stated  at  length  in  such  address,  and  entered  on 
the  journals  of  each  house  ;  and  provided  further,  that  the  cause  or 
causes  shall  be  notified  to  the  judge  so  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defense,  before  any 
vote  for  such  address  shall  pass  ;  and  in  all  such  cases  the  vote  shall 
be  taken  by  yeas  and  nays,  and  entered  on  the  journals  of  each 
house  respectively ;  and  provided  also,  that  the  judges  of  the  seve- 
ral circuit  courts  who  shall  be  appointed  before  the  commencement 
of  the  first  session  of  the  General  Assembly  which  shall  be  begun 
and  held  after  the  first  day  of  January  in  the  year  of  our  Lord  one 
thousand  eight?  hundred  and  twenty-five,  shall  only  hold  their  offices 
during  good  behavior,  until  the  end  of  the  said  session,  at  which 
time  their  commissions  shall  expire. 

14.  No  person  who  shall  have  arrived  at  the  age  of  seventy  years 
shall  be  appointed  to,  or  continue  in  the  office  of  judge  in  this  State. 

15.  Clerks  of  the  circuit  and  inferior  courts  in  this  State  shall  be 
elected  by  the  qualified  electors  in  each  county,  for  the  term  of  four 
years,  and  may  be  removed  from  office  for  such  cause,  and  in  such 
manner  as  may  be  prescribed  by  law ;  and  should  a  vacancy  occur, 
subsequent  to  an  election,  it  shall  be  filled  by  the  judge  or  judges 
of  the  courts  in  which  such  vacancy  exists ;  and  the  person  so  ap- 
pointed shall  hold  his  office  until  the  next  general  election  ;  provi- 
ded, however,  that  after  the  year  one  thousand  eight  hundred  and 
twenty-six,  the  General  Assembly  may  prescribe  a  different  mode 
of  appointment,  but  shall  not  make  such  appointment. 

16.  The  judges  of  the  Supreme  Court  shall,  by  virtue  of  their 


320  CONSTITUTION    OF 


offices,  be  conservators  of  the  peace  throughout  the  State ;  as  also 
the  judges  of  the  circuit  courts  in  their  respective  districts,  and 
judges  of  the  inferior  courts  in  their  respective  counties. 

17.  The  style  of  all  processes  &hall  be  "the  State  of  Alabama," 
and  all  prosecutions  shall  be  carried  on  in  the  name,  and  by  the 
authority  of  the  State  of  Alabama,  and  shall  conclude  "  against  the 
peace  and  dignity  of  the  same." 

18.  There  shall  be  an  Attorney-Greneral  for  the  State,  and  as 
many  solicitors  as  the  General  Assembly  may  deem  necessary,  to  be 
elected  by  a  joint  vote  thereof,  who  shall  hold  their  offices  for  the 
term  of  four  years,  and  shall  receive  for  their  services  a  compensa- 
tion, which  shall  not  be  diminished  during  their  continuance  in 
office. 


Sec.  I.  The  House  of  Eepresentatives  shall  have  the  sole  power 
of  impeaching. 

2.  All  impeachments  shall  be  tried  by  the  Senate :  when  sitting 
for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation ;  and 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  present. 

3.  The  Governor  and  all  civil  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office ;  but  judgment  in  such  cases 
shall  not  extend  further  than  to  removal  from  office,  and  to  disqual- 
ification ^0  hold  any  office  of  honor,  trust,  or  profit,  under  the  State ; 
but  the  party  convicted  shall  nevertheless  be  liable  and  subject  to 
indictment,  trial,  and  punishment,  according  to  law. 

ARTICLE  VI.      Gerieral  Provisions. 

Sec.  1.  The  members  of  the  General  Assembly,  and  all  officers, 
executive,  and  judicial,  before  they  enter  on  the  execution  of  their 
respective  offices,  shall  take  the  following  oath  or  affirmation,  to  wit : 
"  I  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  sup- 
port the  Constitution  of  the  United  States,  and  Constitution  of  the 
State  of  Alabama,  so  long  as  I  continue  a  citizen  thereof,  and  that 
I  will  faithfully  discharge,  to  the  best  of  my  abilities,  the  duties  of 
,  according  to  law.     So  help  me  God^ 

2.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  his  own  confession 
in  open  court. 

3.  The  General  Assembly  shall  have  power  to  pass  such  penal 
laws  to  suppress  the  evil  practice  of  duelling,  extending  to  disquali- 
fication from  office  or  the  tenure  thereof,  as  they  may  deem  ex 
pedient. 

4.  Every  person  shall  be  disqualified  from  holding  any  office  or 
place  of  honor  or  profit,  under  the  authority  of  the  State,  who  shall 


ALABAMA.^  321 

be  convicted  of  having  given  or  offered  any  bribe  to  procure  his 
election  or  appointment. 

5.  Laws  shall  be  made  to  exclude  from  office,  from  suffrage,  and 
from  serving  as  jurors,  those  who  shall  hereafter  be  convicted  cf 
bribery,  perjury,  forgery,  or  other  high  crimes  or  misdemeanors. 
The  privilege  of  free  suffrage  shall  be  supported  by  laws  regulating 
elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influ- 
ence thereon,  from  power,  bribery,  tumult,  or  other  improper  conduct. 

6.  In  all  elections  by  the  General  Assembly,  the  members  thereof 
shall  vote  viva  voce,  and  the  votes  shall  be  entered-  on  the  journals. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  an  appropriation  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  moneys 
shall  be  published  annually. 

8.  All  lands  liable  to  taxation  in  this  State,  shall  be  taxed  in 
proportion  to  their  value. 

9.  The  General  Assembly  shall  direct,  by  law,  in  what  manner, 
and  in  what  courts,  suits  may  be  brought  against  the  State. 

10.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate  by 
law,  the  cases  in  which  deductions  shall  be  made  from  the  salaries 
of  public  officers,  for  neglect  of  duty  in  their  official  capacities,  and 
the  amount  of  such  deduction. 

11.  Absence  on  business  of  this  State,  or  of  the  United  States,  or 
on  a  visit,  or  necessary  private  business,  shall  not  cause  a  forfeiture 
of  a  residence  once  obtained. 

12.  No  member  of  Congress,  nor  any  person  holding  any  office 
of  profit  or  trust  under  the  United  States,  (the  office  of  postmaster 
excepted,)  or  either  of  them,  or  any  foreign  power,  shall  hold  or  ex- 
ercise any  office  of  profit  under  this  State. 

13.  Divorces  from  the  bonds  of  matrimony  shall  not  be  granted 
but  in  cases  provided  for  by  law,  by  suit  in  chancery :  and  no  decree 
for  such  divorce  shall  have  effect  until  the  same  shall  be  sanctioned 
by  two-thirds  of  both  houses  of  the  General  Assembly. 

14.  In  prosecutions  for  the  publishing  of  papers  investigating  the 
official  conduct  of  officers  or  men  in  public  capacity,  or  when  the 
matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence  :  and  in  all  indictments  for  libels,  the  jury 
shall  have  a  right  to  determine  the  law  and  the  facts,  under  the  di- 
rection of  the  courts. 

15.  Returns  of  all  elections  for  officers  who  are  to  be  commissioned 
by  the  Governor,  and  for  members  of  the  General  Assembly,  shall 
be  made  to  the  Secretary  of  State. 

16.  No  new  county  shall  be  established  by  the  General  Assembly, 
which  shall  reduce  the  county  or  counties,  or  either  of  them,  from 
which  it  shall  be  taken,  to  a  less  content  than  nine  hundred  square 
miles  ;  nor  shall  any  county  be  laid  off  of  less  contents.  Every  new 
county,  as  to  the  right  of  suffrage  and  representation,  shall  be  con- 


322  CONSTITUTION    OF 


sidered  as  a  part  of  the  county  or  counties  from  which,  it  was  taken, 
until  entitled  by  numbers  to  the  right  of  separate  representation. 

1 7.  The  General  Assembly  shall,  at  their  first  session,  which  may 
be  holden  in  the  year  eighteen  hundred  and  twenty-eight,  or  at  the 
n0xt  succeeding  session,  arrange  and  designate  boundaries  for  the 
several  counties  within  the  limits  of  this  State,  to  which  the  Indian 
title  shall  have  been  extinguished,  in  such  manner  as  they  may  deem 
expedient,  which  boundaries  shall  not  be  afterwards  altered,  unless 
by  the  agreement  of  two-thirds  of  both  branches  of  the  General 
Assembly  ;  and  in  all  cases  of  ceded  territory  acquired  by  the  State, 
the  General  Assembly  may  make  such  arrangements  and  designa- 
tions of  the  boundaries  of  counties  within  such  ceded  territory,  as 
they  may  deem  expedient,  which  shall  only  be  altered  in  like  manner  ; 
provided,  that  no  county  hereafter  to  be  formed  shall  be  of  less  ex- 
tent than  nine  hundred  square  miles. 

18.  It  shall  be  the  duty  of  the  General  Assembly,  to  pass  such 
laws  as  may  be  necessary  and  proper  to  decide  differences  by  arbi- 
trators, to  be  appointed  by  the  parties,  who  may  choose  that  summary 
mode  of  adjustment. 

19.  It  shall  be  the  duty  of  the  General  Assembly,  as  soon  as  cir- 
cumstances will  permit,  to  form  a  penal  code,  founded  on  principles 
of  reformation,  and  not  of  -vindictive  justice. 

20.  Within  five  years  after  the  adoption  of  this  Constitution,  the 
body  of  our  laws,  civil  and  criminal,  shall  be  revised,  digested,  and 
arranged  under  proper  heads,  and  promulgated  in  such  manner  as 
the  General  Assembly  may  direct :  and  a  like  revision,  digest,  and 
promulgation  shall  be  made  within  every  subsequent  period  of  ten 
years. 

21.  The  General  Assembly  shall  make  provision  by  law  for  ob- 
taining correct  knowledge  of  the  several  objects  proper  for  improve- 
ment in  relation  to  the  navigable  waters,  and  to  the  roads  in  this 
State,  and  for  making  a  systematic  and  economical  application  of  the 
means  appropriated  to  those  objects. 

22.  In  the  event  of  the  annexation  of  any  foreign  territory  to  this 
State,  by  a  cession  from  the  United  States,  laws  may  be  passed,  ex- 
tending to  the  inhabitants  of  such  territory  ail  the  rights  and  privi- 
leges which  may  be  required  by  the  terms  of  such  cession  ]  anything, 
in  this  Constitution  to  the  contrary  notwithstanding. 

Education. 

Schools,  and  the  means  of  education,  shall  for  ever  be  encouraged 
in  this  State ;  and  the  General  Assembly  shall  take  measures  to  pre- 
serve from  unnecessary  waste  or  damage  such  lands  as  are,  or  hereaf- 
ter may  be,  granted  by  the  United  States  for  the  use  of  schools  within 
each  township  in  this  State,  and  apply  the  funds,  which  may  be 
raised  from  such  lands,  in  strict  conformity  to  the  object  of  such 
grant.  The  General  Assembly  shall  take  like  measures  for  the  im- 
provement (f  f  such  lands  as  have  been  or  may  be  hereafter  granted 


ALABAMA. 


323 


by  the  United  States  to  this  State,  for  the  support  of  a  seminary  of 
learning,  and  the  moneys,  which  may  be  raised  from  such  lands,  by 
rent,  lease,  or  sale,  or  from  any  other  quarter,  for  the  purpose  afore- 
said, shall  be  and  remain  a  fund  for  the  exclusive  support  of  a  State 
University,  for  the  promotj^pn  of  the  arts,  literature,  and  the  scien- 
ces ;  and  it  shall  be  the  duty  of  the  General  Assembly,  as  early  as 
may  be,  to  provide  e^ectual  means  for  the  improvement  and  perma 
nent  security  of  the  funds  and  endowments  of  such  institution. 

Establishment  of  Banks. 

One  State  bank  may  be  established,  with  such  number  of 
branches  as  the  General  Assembly  may,  from  time  to  time,  deem  ex- 
pedient :  Provided,  that  no  branch  bank  shall  be  established,  nor 
bank  charter  renewed,  under  the  authority  of  this  State,  without  the 
concurrence  of  two-thirds  of  both  houses  of  the  General  Assembly ; 
and  provided,  also,  that  not  more  than  one  bank  nor  branch  bank 
shall  be  established,  nor  bank  charter  renewed,  at  any  one  session 
of  the  General  Assembly ;  nor  shall  any  bank  or  branch  bank  be 
established,  or  bank  charter  renewed,  but  in  conformity  with  the 
following  rules : 

1st.  At  least  two-fifths  of  the  capital  stock  shall  be  reserved  for 
the  State. 

2d.  A  proportion  of  power,  in  the  direction  of  the  bank  shall  be 
reserved  to  the  State,  equal  at  least  to  its  proportion  of  stock  therein. 

3d.  The  State,  and  the  individual  stockholders,  shall  be  liable  re- 
spectively, for  the  debts  of  the  bank,  in  proportion  to  their  stock 
holden  therein. 

4th."  The  remedy  for  collecting  debts  shall  be  reciprocal,  for  and 
against  the  bank. 

5th.  No  bank  shall  commence  operations  until  half  of  the  capital 
stock  subscribed  for  be  actually  paid  in  gold  or  silver,  which 
amount  shall,  in  no  case  be  less  than  one  hundred  thousand  dollars. 

6th.  In  case  any  bank  or  branch  bank  shall  neglect  or  refuse  to  pay, 
on  demand,  any  bill,  note,  or  obligation,  issued  by  the  corporation, 
according  to  the  promise  therein  expressed,  the  holder  of  any  such 
note,  bill,  or  obligation,  shall  be  entitled  to  receive  and  recover  in- 
terest thereon,  until  the  same  shall  be  paid,  or  specie  payments  are 
resumed,  by  said  bank,  at  the  rate  of  twelve  per  cent,  per  annum 
from  the  date  of  such  demand,  unless  the  General  Assembly  shall 
sanction  such  suspension  of  specie  payments ;  and  the  General  As- 
sembly shall  have  power,  after  such  neglect  or  refusal,  to  adopt  such 
measures  as  they  may  deem  proper,  to  protect  and  secure  the  rights 
of  all  concerned :  and  to  declare  the  charter  of  such  bank  forfeited. 

7th.  After  the  establishment  of  a  general  State  bank,  the  banks  of 
this  State  now  existing  may  be  admitted  as  branches  thereof,  upon 
such  terms  as  the  Legislature  and  the  said  banks  may  agree,  subject 
nevertheless  to  the  preceding  rules. 


324  CONSTITUTION    OP"    ALABAMA. 

Slave'<. 
Sec.  1.  The  General  Assembly  shall  have  no  power  to  pass  laws  for 
the  emancipation  of  slaves  without  the  consent  of  their  owners,  or 
without  paying  their  owners,  previous  to  such  emancipation,  a  full 
equivalent  in  money  for  the  slaves  so  ema^icipated.  They  shall  have 
no  power  to  prevent  emigrants  to  this  State  from  bringing  with  them 
such  persons  as  are  deemed  slaves  by  the  laws  of  any  one  of  the 
United  States,  so  long  as  any  person  of  the  same  age  or  description 
shall  be  continued  in  slavery  by  the  laws  of  "this  State:  provided, 
that  such  person  or  slave  be  the  bona  fide  property  of  such  emigrants : 
and  provided,  also,  that  laws  may  be  passed  to  prohibit  the  introduc- 
tion into  this  State  of  slaves  who  have  committed  high  crimes  in 
other  states  or  territories.  They  shall  have  power  to  pass  laws  to 
permit  the  owners  of  slaves  to  emancipate  them,  saving  the  rights 
of  creditors,  and  preventing  them  from  becoming  a  public  charge. 
They  shall  have  full  power  to  prevent  slaves  from  being  brought 
into  this  State  as  merchandise,  and  also  to  oblige  the  owners  of  slaves 
to  treat  them  with  humanity,  to  provide  for  them  necessary  food  and 
clothing,  to  abstain  from  all  injuries  to  them  extending  to  life  or 
limb  ;  and  in  case  of  their  neglect  or  refusal  to  comply  with  the  di- 
rections of  such  laws,  to  have  such  slave  or  slaves  sold  for  the  bene- 
fit of  the  owner  or  owners. 

2.  In  the  prosecution  of  slaves  for  crimes  of  higher  grade  than 
petit  larceny,  the  Greneral  Assembly  shall  have  no  power  to  deprive 
them  of  an  impartial  trial  by  a  petit  jury. 

3.  Any  person  who  shall  maliciously  dismember  or  deprive  a  slave 
of  life,  shall  suffer  such  punishment  as  would  be  inflict  d  in  case  the 
like  offence  had  been  committed  on  a  free  white  person,  and  on  the 
like  proof,  except  in  case  of  insurrection  of  such  slave. 

Mode  of  Amending  and  Revising  the  Constitution. 
The  General  As.sembly,  whenever  two-thirds  of  each  house  shall 
deem  it  necessary,  may  propose  amendments  to  this  Constitution ; 
which  proposed  amendments  shall  be  duly  published  in  print,  at  least 
three  months  before  the  next  general  election  of  representatives,  for 
the  consideration  of  the  people  ;  and  it  shall  be  the  duty  of  the  several 
returning  officers,  at  the  next  general  election  which  shall  be  held 
for  representatives,  to  open  a  poll  for,  and  make  a  return  to  the  Sec- 
retary of  the  State  for  the  time  being,  of  the  names  of  all  those  voting 
for  representatives,  who  have  voted  on  such  proposed  amendments  ; 
and  if  thereupon  it  shall  appear  that  a  majority  of  all  the  citizens 
of  this  State  voting  for  representatives,  have  voted  in  favor  of  such 
proposed  amendments,  and  two-thirds  of  each  house  of  the  next 
General  Assembly  shall,  after  such  an  election,  and  before  another, 
ratify  the  same  amendments  by  yeas  and  nays,  they  shall  be  valid, 
to  all  intents  and  purposes,  as  parts  of  this  Constitution :  provided, 
that  the  said  proposed  amendments  shall,  at  each  of  the  said  sessions. 
have  been  read  three  times,  on  three  several  days  in  each  house. 


MISSISSIPPI. 


In  1716  the  French  formed  a  settlement  at  Natchez,  and  claimed  the  terri- 
tory as  belonging  to  Louisiana.  This  colony  was  massacred  by  the  Indians 
in  1729.  In  1763  it  was  ceded  to  the  British,  and  north  of  the  31st  degree  of 
north  latitude,  was  in  the  chartered  limits  of  Georgia ;  south  of  that  belonged 
to  West  Florida.  This  part  was  ceded  to  the  United  States  by  Spain,  in 
1798.  In  1800  this  State,  with  Alabama,  was  constituted  a  territory.  In  1817 
•Mississippi  was  separated  from  Alabama,  and  became  an  independent  State. 
It  adopted  its  first  Constitution  in  1817,  which  was  revised  in  1832. 

Area,  45,760  sq.  miles.  Pop.  in  1850,  592,853,  of  whom  300,419  were  slaves. 
Free  negroes,  898. 

CONSTITUTION. 

AKTICLE  1.— Declaration  of  Rights. 

That  the  general,  great  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established,  we  declare : — 

Sec.  1 .  That  all  freemen,  when  they  form  a  social  compact,  are 
equal  in  rights ;  and  that  no  man,  or  set  of  men,  are  entitled  to  exclu- 
sive, separate  public  emoluments  or  privileges  from  the  community, 
but  in  consideration  of  public  services. 


326  CONSTITUTION    OF 


2.  That  all  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority  and  established  for  their 
benefit ;  and,  therefore,  they  have  at  all  times  an  inalienable  and 
indefeasible  right  to  alter  or  abolish  their  form  of  government,  in 
such  manner  as  they  may  think  expedient. 

3.  The  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination,  shall  forever  be  free  to  all  persons  in 
this  State  :  Provided,  that  the  right  hereby  declared  and  established 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  jus- 
tify practices  inconsistent  with  the  peace  and  safety  of  the  State. 

4.  No  preference  shall  ever  be  given  by  law  to  any  religious 
sect,  or  mode  of  worship. 

5.  That  no  person  shall  be  molested  for  his  opinions  on  any  sub- 
ject whatever,  nor  suffer  any  civil  or  political  incapacity,  or  ac- 
quire any  civil  or  political  advantage,  in  consequence  of  such  opin- 
ions, except  in  cases  provided  for  in  this  Constitution. 

6.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects ;  being  responsible  for  the  abuse  of  that 
liberty. 

7.  No  law  shall  ever  be  passed  to  curtail  or  restrain  the  liberty 
of  speech,  or  of  the  press. 

8.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be 
given  in  evidence  ;  and  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libellous  is  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted  ;  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts. 

9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  unreasonable  seizures  and  searches  ;  and  that  no 
warrant  to  search  any  place,  or  to  seize  any  person  or  thing,  shall 
issue  without  describing  the  place  to  be  searched,  and  the  person  or 
thing  to  be  seized,  as  nearly  as  may  be,  nor  without  probable  cause, 
supported  by  oath  or  afl&rmation. 

10.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to 
be  heard,  by  himself  or  counsel,  or  both ;  to  demand  the  nature  and 
caijse  of  the  accusation  ;  to  be  confronted  by  the  witnesses  against 
him  ;  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor ;  and  in  all  prosecutions  by  indictment  or  information  a 
speedy  and  public  trial  by  an  impartial  jury  of  the  county  where 
the  offence  was  committed  ;  that  he  cannot  be  compelled  to  give 
evidence  against  himself,  nor  can  he  be  deprived  of  his  life,  liberty 
or  property,  but  by  due  course  of  law. 

1 1 .  No  person  shall  be  accused,  arrested  or  detained,  except  in 
case^  ascertained  by  law,  and  according  to  the  form  which  the  same 
has  prescribed ;  and  no  person  shall  be  punished  but  in  virtue  of  a 
law  established  and  promulgated  prior  to  the  offence,  and  legally 
applied. 

12.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded agair.st  criminally  by  information :  except  in  cases  arising  in 


MISSISSIPPI.  327 


the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service,  or 
by  leave  of  the  court,  for  misdemeanor  in  office. 

13.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 
of  life  or  limb ;  nor  shall  any  person's  property  be  taken  or  applied 
to  public  use  without  the  consent  of  the  Legislature,  and  without  just 
compensation  being  first  made  therefor. 

14.  That  all  courts  shall  be  open,  and  every  person  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  reme- 
dy by  due  course  of  law,  and  right  and  justice  administered  with- 
out sale,  denial  or  delay. 

15.  That  no  power  of  suspending  laws  shall  be  exercised,  except 
by  the  Legislature,  or  its  authority. 

16.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

17.  That  all  prisoners  shall  before  conviction  be  bailable  by  suf- 
ficient securities,  except  for  capital  offences,  where  the  proof  is  evi- 
dent, or  the  presumption  great ;  and  the  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended,  unless,  when  in  case  of  rebel- 
lion or  invasion,  the  public  safety  may  require  it. 

18.  That  the  person  of  a  debtor,  when  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  detained  in  prison,  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 

19.  No  conviction  for  any  offence  shall  work  corruption  of  blood 
or  forfeiture  of  estate  :  The  Legislature  shall  pass  no  bill  of  attain- 
der, ex  fost  facto  law,  nor  law  impairing  the  obligation  of  contracts. 

20.  No  property  qualification  for  eligibility  to  office,  or  for  the 
right  of  suffrage,  shall  ever  be  required  by  law  in  this  State. 

21.  That  the  estates  of  suicides  shall  descend  or  vest  as  in  cases 
of  natural  death  :  and  if  any  person  shall  be  killed  by  casualty, 
there  shall  be  no  forfeiture  by  reason  thereof 

22.  That  the  citizens  have  a  right  in  a  peaceable  manner,  to  as- 
semble together  for  their  common  good,  and  to  apply  to  those  vested 
with  the  powers  of  government  for  redress  of  grievances,  or  other 
proper  purposes,  by  petition,  address  or  remonstrance. 

23.  Every  citizen  has  a  right  to  bear  arms  in  defense  of  himself 
and  of  the  State. 

24.  No  standing  army  shall  be  kept  up  without  the  consent  of  the 
Legislature  ;  and  the  military  shall  in  all  cases,  and  at  all  times,  be 
in  strict  subordination  to  the  civil  power. 

25.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  or  in  time  of  war,  but  in 
manner  to  be  prescribed  by  law. 

26.  That  no  hereditary  emoluments,  privileges  or  honors  shall 
ever  be  granted  or  conferred  in  this  State. 

27.  Emigration  from  this  State  shall  not  be  prohibited,  nor  shall 
any  free  white  citizen  of  this  State  ever  be  exiled  under  any  pre- 
tence whatever. 

24 


3i^  CONSTITUTION    OF 

28.  The  right  of  trial  by  jury  shall  remain  inviolate. 

29.  No  person  shall  he  debarred  from  prosecuting  or  defending 
any  civil  cause  for  or  against  him  or  herself  before  any  tribunal  in 
this  State,  by  him  or  herself,  or  counsel  or  both. 

30.  No  person  shall  ever  be  appointed  or  elected  to  any  office  in 
this  State  for  life  or  during  good  behavior ;  but  the  tenure  of  all 
offices  shall  be  for  some  limited  period  of  time,  if  the  person  ap- 
pointed or  elected  thereto  shall  so  long  behave  well. 

Conclusion. 

To  guard  against  transgressions  of  the  high  powers  herein  dele- 
gated, we  declare,  that  everything  in  this  article  is  excepted  out  of 
the  general  powers  of  government,  and  shall  forever  remain  invio- 
late ;  and  that  all  laws  contrary  thereto  or  to  the  following  provis- 
ions, shall  be  void. 

AKTICLE  IL— Distribution  of  Powers. 

Sec.  1.  The  powers  of  the  government  of  the  State  of  Mississip- 
pi, shall  be  divided  into  three  distinct  departments,  and  each  of 
them  confided  to  a  separate  body  of  magistracy ;  to  wit :  those 
which  are  legislative  to  one,  those  which  are  judicial  to  another,  and 
those  which  are  executive  to  another. 

2.  No  person,  or  collection  of  persons,  being  of  one  of  these  de- 
partments, shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

ARTICLE  III. — Legislative  Department. 

Sec.  1.  Every  free  white  male  person  of  the  age  of  twenty-one 
years  or  upwards,  who  shall  be  a  citizen  of  the  United  States,  and 
shall  have  resided  in  this  State  one  year  next  preceding  an  election, 
and  the  last  four  months  within  the  county,  city  or  town  in  which 
he  offers  to  vote,  shall  be  deemed  a  qualified  elector.  And  any  such 
(qualified  elector  who  may  happen  to  be  in  any  county,  city  or  town 
other  than  that  of  his  residence  at  the  time  of  an  election,  or  who 
shall  have  removed  to  any  county,  city  or  town  within  four  months 
preceding  the  election,  from  any  county,  city  or  town,  in  which  he 
would  have  been  a  qualified  elector  had  he  not  so  removed,  may 
vote  for  any  State  or  district  officer  or  member  of  Congress,  for 
Avhom  he  could  have  voted  in  the  county  of  his  residence,  or  the 
county,  city  or  town,  from  which  he  may  have  so  removed. 

2.  Electors  shall,  in  all  cases,  except  in  those  of  treason,  felony 
or  breach  of  the  peace,  be  privileged  from  arrest, "during  their  at- 
tendance on  elections,  and  going  to  and  returning  from  the  same. 

3.  The  first  election  shall  be  by  ballot,  and  all  future  elections, 
by  the  people,  shall  be  regulated  by  law. 

4.  The  legislative  power  of  this  State  shall  be  vested  in  two  dis- 
tinct branches  ;  the  one  to  be  styled  "  the  Senate,"  the  other  '^  the 


MISSISSIPPI. 


329 


House  of  Representatives ;"  and  both  together,  "  the  Legislature  of 
the  State  of  Mississippi."  And  the  style  of  their  laws  shall  be,  "  Be 
it  enacted  by  the  Legislature  of  the  State  of  Mississippi^ 

5.  The  members  of  the  House  of  Representatives  shall  be  chosen 
by  the  qualified  electors,  and  shall  serve  for  the  term  of  two  years, 
from  the  day  of  the  comimencement  of  the  general  election,  and  no 
longer. 

6.  The  representatives  shall  be  chosen  every  two  years,  on  the 
first  Monday  and  day  following  in  November. 

7.  No  person  shall  be  a  representative  unless  he  be  a  citizen  of 
the  United  States,  and  shall  have  been  an  inhabitant  of  this  State 
two  years  next  preceding  his  election,  and  the  last  year  thereof  a 
resident  of  the  county,  city  or  town  for  which  he  shall  be  chosen : 
and  shall  have  attained  the  age  of  twenty-one  years. 

8.  Elections  for  representatives  for  the  several  counties,  shall  be 
held  at  the  places  of  holding  their  respective  courts,  or  in  the  seve- 
ral election  districts  into  which  the  county  may  be  divided  ;  Provi- 
ded^ That  when  it  shall  appear  to  the  Legislature  that  any  city  or 
town  hath  a  number  of  free  white  inhabitants  equal  to  the  ratio 
then  fixed,  such  city  or  town  shall  have  a  separate  representation, 
according  to  the  number  of  free  white  inhabitants  therein,  which 
shall  be  retained  so  long  as  such  city  or  town  shall  contain  a  num- 
ber of  free  white  inhabitants  equal  to  the  existing  ratio,  and  there- 
after and  during  the  existence  of  the  right  of  separate  representation 
in  such  city  or  town,  elections  for  the  county  in  which  such  city  or 
town  entitled  to  a  separate  representation  is  situated,  shall  not  be 
held  in  such  city  or  town.  And  provided^  That  if  the  residuum  or 
fraction  of  any  city  or  town  entitled  to  separate  representation  shall, 
when  added  to  the  residuum  in  the  county  in  which  it  may  lie,  be 
equal  to  the  ratio  fixed  by  law  for  one  representative ;  then  the  afore- 
said county,  city  or  town,  having  the  largest  residuum,  shall  be  en- 
titled to  such  representation :  And  provided  also,  That  when  there 
are  two  or  more  counties  adjoining,  which  have  residuums  over  and 
above  the  ratio  then  fixed  by  law,  if  said  residuums,  when  added 
together,  will  amount  to  such  ratio,  in  that  case  one  representative 
shall  be  added  to  that  county  having  the  largest  residuum. 

9.  The  Legislature  shall  at  their  first  session,  and  at  periods  of 
not  less  than  every  four,  nor  more  than  every  six  years,  until  the 
year  1845,  and  thereafter  at  periods  of  not  less  than  every  four,  nor 
more  than  every  eight  years,  cause  an  enumeration  to  be  made  of 
all  the  free  white  inhabitants  of  this  State,  and  the  whole  number 
of  representatives  shall,  at  the  several  periods  of  making  such 
enumeration,  be  fixed  by  the  Legislature,  and  apportioned  among 
the  several  counties,  cities  or  towns,  entitled  to  separate  representa- 
tion, according  to  the  number  of  free  white  inhabitants  in  each,  and 
shall  not  be  less  than  thirty-six  nor  more  than  one  hundred:  Fro- 
iiided,  however,  That  each  county  shall  always  be  entitled  to  at  least 
one  representative. 


^0  CONSTITUTION    OF 


10.  The  whole  number  of  senators  shall,  at  the  several  periods  of 
making  the  enumeration  before  mentioned,  be  fixed  by  the  Legisla- 
ture, and  apportioned  among  the  several  districts  to  be  established 
by  law,  according  to  the  number  of  free  white  inhabitants  in  each, 
and  shall  never  be  less  than  one-fourth,  nor  more  than  one-third  of 
the  whole  number  of  representatives. 

U.  The  senators  shall  be  chosen  by  the  qualified  electors,  for 
four  years,  and  on  their  being  convened  in  consequence  of  the  first 
election,  they  shall  be  divided  by  lot  from  their  respective  districts 
into  two  classes  as  nearly  equal  as  can  be. — And  the  seats  of  the 
senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year. 

12.  Such  mode  of  classifying  new  additional  senators  shall  be  ob- 
served as  will  as  nearly  as  possible  preserve  an  equality  of  numbers 
in  each  class. 

13.  When  a  senatorial  district  shall  be  composed  of  two  or  more 
counties,  it  shall  not  be  entirely  separated  by  any  county  belonging  to 
another  district ;  and  no  county  shall  be  divided  in  forming  a  dis- 
trict. 

14.  No  person  shall  be  a  senator  unless  he  be  a  citizen  of  the 
United  States,  and  shall  have  been  an  inhabitant  of  this  State  four 
years  next  preceding  his  election,  and  the  last  year  thereof  a  resi- 
dent of  the  district  for  which  he  shall  be  chosen,  and  have  attained 
the  age  of  thirty  years. 

15.  The  House  of  Representatives,  when  assembled,  shall  choose 
a  Speaker  and  its  other  ojB&cers,  and  the  Senate  shall  choose  a 
President  and  its  officers,  and  each  house  shall  judge  of  the  quali- 
fications and  elections  of  its  own  members :  but  a  contested 
election  shall  be  determined  in  such  manner  as  shall  be  directed 
by  law.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalties  as  each  house  may  provide. 

16.  Each  house  may  determine  the  rules  of  its  own  proceedings, 
punish  members  for  disorderly  behavior,  and  with  the  consent  of  two- 
thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause  : 
and  shall  have  all  other  powers  necessary  for  a  branch  of  the  Leg- 
islature of  a  free  and  independent  State. 

17.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish the  same ;  and  the  yeas  and  nays  of  the  members  of  either 
house,  on  any  question,  shall  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

1 8.  When  vacancies  happen  in  either  house,  the  Grovernor,  or  the 
person  exercising  the  powers  of  iihe  Governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

19.  Senators  and  representatives  shall  in  all  cases,  except  of  trea- 
son, felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  session  of  the  Legislature,  and  in  going  to  and  returning  from 


MISSISSIPPI.  331 


the  same,  allowing  one  day  for  every  twenty  miles   such  member 
may  reside  from  the  place  at  which  the  Legislature  is  convened. 

20.  Each  house  may  punish  by  imprisonment,  during  the  session, 
any  person  not  a  member,  for  disrespectful  or  disorderly  behavior  in 
its  presence,  or  for  obstructing  any  of  its  proceedings :  Provided. 
such  imprisonment  shall  not,  at  any  one  time,  exceed  forty-eight  hours. 

21.  The  doors  of  each  house  shall  be  open,  except  on  such  occa- 
sions of  great  emergency,  as,  in  the  opinion  of  the  house,  may  require 
secrecy. 

22.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

23.  Bills  may  originate  in  either  house,  and  be  amended,  altered 
or  rejected  by  the  other,  but  no  bill  shall  have  the  force  of  a  law, 
until  on  three  several  days,  it  be  read  in  each  house,  and  free  dis- 
cussion be  allowed  thereon,  unless  four-fifths  of  the  house  in  which 
the  bill  shall  be  pending,  may  deem  it  expedient  to  dispense  with 
this  rule  ;  and  every  bill  having  passed  both  houses,  shall  be  signed 
by  the  Speaker  and  President  of  their  respective  houses. 

24.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives,  but  the  Senate  may  amend  or  reject  them  as  other 
bills. 

25.  Each  member  of  the  Legislature  shall  receive  from  the  pub- 
lic treasury  a  compensation  for  his  services  which  may  be  increased 
or  diminished  by  law  ;  but  no  increase  of  compensation  shall  take 
effect  during  the  session  at  which  such  increase  shall  have  been 
made. 

26.  No  senator  or  representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  nor  for  one  year  thereafter,  be  appointed 
to  any  civil  office  of  profit  under  this  State,  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased, 
during  such  term,  except  such  offices  as  may  be  filled  by 
elections  by  the  people  ;  and  no  member  of  either  house  of  the 
Legislature  shall  after  the  commencement  of  the  first  session  of  the 
Legislature  after  his  election,  and  during  the  remainder  of  the  term 
for  which  he  is  elected,  be  eligible  to  any  office  or  place,  the  appoint- 
ment to  which  may  be  made  in  whole  or  in  part  by  either  branch  of 
the  Legislature. 

27.  No  judge  of  any  court  of  law  or  equity.  Secretary  of  State, 
Attorney-General,  clerk  of  any  court  of  record,  sheriff  or  collector, 
or  any  person  holding  a  lucrative  office  under  the  United  States 
or  this  State,  shall  be  eligible  to  the  Legislature  :  Provided^  That 
offices  in  the  militia,  to  which  there  is  attached  no  annual  salary, 
and  the  office  of  justice  of  the  peace  shall  not  be  deemed  lucrative. 

28.  No  person  who  hath  heretofore  been,  or  hereafter  may  be,  a 
collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either  hou^e 
of  the  Legislature,  until  such  person  shall  have  accounted  for,  and 
paid  into  the  treasury,  all  sums  for  which  he  may  be  accountable. 


332  CONSTITUTION    OF 


29.  The  first  election  for  senators  and  representatives  shall  ^e 
general  throughout  the  State,  and  shall  be  held  on  the  first  Monday 
and  day  following  in  November,  1833;  and  thereafter,  there  shall 
be  biennial  elections  for  senators  to  fill  the  places  of  those  whose 
term  of  service  may  have  expired. 

30.  The  first  and  all  future  sessions  of  the  Legislature  shall  be 
held  in  the  town  of  Jackson,  in  the  county  of  Hinds,  until  the  year 
1850.  During  the  first  session  thereafter,  the  Legislature  shall  have 
power  to  designate  by  law  the  permanent  seat  of  government :  Pro- 
vided, however,  That  unless  such  designation  be  then  made  by  law, 
the  seat  of  government  shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the  third  Monday  in 
November,  in  the  year  1833  ;  and  in  every  two  years  thereafter, 
at  such  time  as  may  be  prescribed  by  law. 

31.  The  Governor,  Secretary  of  State,  Treasurer,  Auditor  of 
public  accounts,  and  Attorney-deneral,  shall  reside  at  the  seat  of 
government. 

ARTICLE  lY. — Judicial  Department. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
High  Court  of  Errors  and  Appeals,  and  such  other  courts  of  law  and 
equity  as  are  hereafter  provided  for  in  this  Constitution. 

2.  The  High  Court  of  Errors  and  Appeals  shall  consist  of  three 
judges,  any  two  of  whom  shall  form  a  quorum.  The  Legislature 
shall  divide  the  State  into  three  districts,  and  the  qualified  electors 
of  each  district  shall  elect  one  of  said  judgesifor  the  term  of  six 
years. 

3.  The  office  of  one  of  said  judges  shall  be  vacated  in  two  years, 
and  of  one  in  four  years,  and  of  one  in  six  years,  so  that  at  the  ex- 
piration of  every  two  years,  one  of  said  judges  shall  be  elected  as 
aforesaid. 

4.  The  High  Court  of  Errors  and  Appeals  shall  have  no  jurisdic- 
tion, but  such  as  properly  belongs  to  a  Court  of  Errors  and  Appeals. 

5.  All  vacancies  that  may  occur  in  said  court,  from  death,  resig- 
nation, or  removal,  shall  be  filled  by  election  as  aforesaid:  Provided, 
however,  that  if  the  unexpired  term  do  not  exceed  one  year,  the 
vacancy  shall  be  filled  by  executive  appointment. 

6.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  High 
Court  of  Errors  and  Appeals,  who  shall  not  have  attained,  at  the 
time  of  his  election,  the  age  of  thirty  years. 

7.  The  High  Court  of  Errors  and  Appeals  shall  be  held  twice  in 
each  year,  at  such  place  as  the  Legislature  shall  direct,  until  the 

,  year  eighteen  hundred  and  thirty-six,  and  afterwards  at  the  seat  of 
government  of  the  State. 

8.  The  Secretary  of  State,  on  receiving  all  the  official  returns  of 
the  first  election,  shall  proceed,  forthwith,  in  the  presence  and  with 
the  assistance  of  two  justices  of  the  peace,  to  determine  by  lot  among 
the  three  candidates  having  the  highest  number  of  votes,  which  of 


MISSISSIPPI  333 

said  judges  elect  shall  serve  for  the  term  of  two  years,  which  shall 
serve  for  the  term  of  four  years,  and  which  shall  serve  for  the  term 
of  six  years,  and  having  so  determined  the  same,  it  shall  be  the  du- 
ty of  the  Governor  to  issue  commissions  accordingly. 

9.  No  judge  shall  sit  on  the  trial  of  any  cause  when  the  parties 
or  either  of  them  shall  he  connected  with  him  by  aJB&nity  or  consan- 
guinity, or  when  he  may  be  interested  in  the  same,  except  by  consent 
of  the  judge  and  of  the  parties  ;  and  whenever  a  quorum  of  said  court 
are  situated  as  aforesaid,  the  Governor  of  the  State  shall  in  such 
case  specially  commission  two  or  more  men  of  law-knowledge  for 
the  determination  thereof 

10.  The  judges  of  said  court  shall  receive  for  their  services  a  com- 
pensation to  be  fixed  by  law,  which  shall  not  be  diminished  during 
their  continuance  in  office". 

i  1.  The  judges  of  the  Circuit  Court  shall  be  elected  by  the  quali- 
fied electors  of  each  judicial  district,  and  hold  their  offices  for  the 
term  of  four  years,  and  reside  in  their  respective  districts. 

12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  Cir- 
cuit Court,  who  shall  not  at  the  time  of  his  election,  have  attained 
the  age  of  twenty-six  years. 

13.  The  State  shall  be  divided  into  convenient  districts,  and  each 
district  shall  contain  not  less  than  three  nor  more  than  twelve  coun- 
ties. 

14.  The  Circuit  Court  shall  have  original  jurisdiction  in  all  mat- 
ters, civil  and  criminal,  within  this  State;  but  in  civil  eases  only 
when  the  principal  of  the  sum  in  controversy  exceeds  fifty  dollars. 

15.  A  Circuit  Court  shall  be  held  in  each  county  of  this  State,  at 
least  twice  in  each  year  ;  and  the  judges  of  said  courts,  shall  inter- 
change circuits  with  each  other,  in  such  manner  as  may  be  prescribed 
by  law,  and  shall  receive  for  their  services  a  compensation  to  be  fixed 
by  law,  which  shall  not  be  diminished  during  their  continuance  in 
office. 

16.  A  separate  Superior  Court  of  Chancery  shall  be  established, 
with  full  jurisdiction  in  all  matters  of  equity ;  provided,  however, 
the  Legislature  may  give  to  the  Circuit  Courts  of  each  county  equity 
jurisdiction  in  all  cases  where  the  value  of  the  thing,  or  amount  in 
controversy,  does  not  exceed  five  hundred  dollars ;  also,  in  all  cases 
of  divorce,  and  for  the  foreclosure  of  mortgages.  The  Chancellor 
shall  be  elected  by  the  qualified  electors  of  the  whole  State,  for  the 
term  of  six  years,  and  shall  be  at  least  thirty  years  old  at  the  time 
of  his  election. 

17.  The  style  of  all  process,  shall  be  "  The  State  of  Mississippi," 
and  all  prosecutions  shall  be  carriecJIbn  in  the  name  and  by  the  au- 
thority of  "  The  State  of  Mississippi,"  and  shall  conclude,  "  against 
the  peace  and  dignity  of  the  same." 

18.  A  Court  of  Probates  shall  be  established  in  each  county  of  this 
State,  with  jurisdiction  in  all  matters  testamentary  and  of  adminis- 
tration in  orphans'  business,  and  the  allotment  of  dower,  increase  of 


334  CONSTITUTION    OF 


idiotcy  and  lunacy,  and  of  persons  non  compos  mentis ;  tlie  judge  of 
said  court  shall  be  elected  by  the  qualified  electors  of  the  respective 
counties,  for  the  term  of  two  years. 

19.  The  clerk  of  the  High  Court  of  Errors  and  Appeals  shall  be 
appointed  by  said  court  for  the  term  of  four  years,  and  the  clerks 
of  the  circuit,  probate,  and  other  inferior  courts,  shall  be  elected  by 
the  qualified  electors  of  the  respective  counties,  and  shall  hold  their 
ofiices  for  the  term  of  two  years. 

20.  The  qualified  electors  of  each  county  shall  elect  five  persons 
for  the  term  of  two  years,  who  shall  constitute  a  board  of  police  for 
each  county,  a  majority  of  whom  may  transact  business  ;  which  body 
shall  have  full  jurisdiction  over  roads,  highways,  ferries,  and  bridges, 
and  all  other  matters  of  county  police,  and  shall  order  all  county 
elections  to  fill  vacancies  that  may  occur  in  the  offices  of  their  re- 
spective counties:  the  clerk  of  the  Court  of  Probate  shall  be  the 
clerk  of  the  board  of  county  police. 

21.  No  person  shall  be  eligible  as  a  member  of  said  board,  who 
shall  not  have  resided  one  year  in  the  county  :  but  this  qualification 
shall  not  extend  to  such  new  counties  as  may  hereafter  be  establish- 
ed until  one  year  after  their  organization ;  and  all  vacancies  that 
may  occur  in  said  board  shall  be  supplied  by  election  as  aforesaid  to 
fill  the  unexpired  term. 

22.  The  judges  of  all  the  courts  of  the  State,  and  also  the  mem- 
bers of  the  board  of  county  police,  shall  in  virtue  of  their  offices  be 
conservators  of  the  peace,  and  shall  be  by  law  vested  with  ample 
powers  in  this  respect. 

23.  A  competent  number  of  justices  of  the  peace  and  constables 
shall  be  chosen  in  each  county  by  the  qualified  electors  thereof,  by 
districts,  who  shall  hold  their  offices  for  the  term  of  two  years.  The 
jurisdiction  of  justices  of  the  peace  shall  be  limited  to  causes  in 
which  the  principal  of  the  amount  in  controversy  shall  not  exceed 
fifty  dollars.  In  all  causes  tried  by  a  justice  of  the  peace,the  right 
of  appeal  shall  be  secured  under  such  rules  and  regulations  as  shall 
be  prescribed  by  law. 

24.  The  Legislature  may  from  time  to  time  establish  such  other 
inferior  courts  as  may  be  deemed  necessary,  and  abolish  the  same 
whenever  they  shall  deem  it  expedient. 

25.  There  shall  be  an  Attorney-Greneral  elected  by  the  qualified 
electors  of  the  State  ;  and  a  competent  number  of  district  attorneys 
shall  be  elected  by  the  qualified  voters  of  their  respective  districts, 
whose  compensation  and  term  of  service  shall  be  prescribed  by  law. 

26.  The  Legislature  shall  provide  by  law  for  determining  contested 
elections  of  judges  of  the  Higl^ourt  of  Errors  and  Appeals  of  the 
circuit  and  probate  courts,  and  other  officers. 

27.  The  judges  of  the  several  courts  of  this  State,  for  wilful  ne- 
glect of  duty  or  other  reasonable  cause,  shall  be  removed  by  the 
Grovernor  on  the  address  of  two-thirds  of  both  houses  of  the  Legis- 
lature ;  the  address  to  be  by  joint  vote  of  both  houses.      The  cause 


MISSISSIPPI.  335 


or  causes  for  which  such  removal  shall  be  required,  shall  he  stated 
at  length  in  such  address,  and  on  the  journals  of  each  house.  The 
judge  so  intended  to  be  removed,  shall  be  notified  and  admitted  to 
a  hearing  in  his  own  defense  before  any  vote  for  such  address  shall 
pass ;  the  vote  on  such  address  shall  be  taken  by  yeas  and  nays,  and 
entered  on  the  journals  of  each  house. 

28.  Judges  of  probate,  clerks,  sheriffs,  and  other  county  officers, 
for  wilful  neglect  of  duty,  or  misdemeanor  in  office,  shall  be  liable 
to  presentment  or  indictment  by  a  grand  jury,  and  trial  by  a  petit 
jury,  and  upon  conviction  shall  be  removed  from  office. 

ARTICLE  V. — Executive  Department. 

Sec.  1.  The  chief  executive  power  of  this  State  shall  be  vested 
in  a  Governor  ;  who  shall  hold  his  office  for  two  years  from  the  time 
of  his  instaQation. 

2.  The  Gd^trnor  shall  be  elected  by  the  qualified  electors  of  the 
State.  The  returns  of  every  election  for  Governor,  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  Sec- 
retary of  State,  who  shall  deliver  them  to  the  Speaker  of  the  House 
of  Representatives,  at  the  next  ensuing  session  of  the  Legislature, 
during  the  first  week  of  which  session  the  Speaker  shall  open  and 
publish  them  in  the  presence  of  both  houses  of  the  Legislature. 
The  person  having  the  highest  number  of  votes  shall  be  Governor  ; 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  then  one  of 
them  shall  be  chosen  Governor  by  the  joint  ballot  of  both  houses  of 
the  Legislature.  Contested  elections  for  Governor  shall  be  deter- 
mined by  both  houses  of  the  Legislature,  in  such  manner  as  shall  be 
prescribed  by  law. 

3.  The  Governor  shall  be  at  least  thirty  years  of  age,  shall  have 
been  a  citizen  of  the  United  States  for  twenty  years,  shall  have  resi- 
ded in  this  State  at  least  five  years  next  preceding  the  day  of  his 
election,  and  shall  not  be  capable  of  holding  the  office  more  than 
four  years  in  any  term  of  six  years. 

4.  He  shall,  at  stated  times,  receive  for  his  services  a  compensa- 
tion which  shall  not  be  increased  or  diminished  during  the  term  for 
which  he  shall  be  elected. 

5.  He  shall  be  commander-in-chief  of  the  army  and  navy  in  this 
State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

6.  He  may  require  information  in  writing,  from  the  officers  in  the 
executive  department,  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

7.  He  may,  in  cases  of  emergency,  convene  the  Legislature  at  the 
seat  of  government,  or  at  a  different  place,  if  that  shall  have  become, 
since  their  last  adjournment,  dangerous  from  an  enemy  or  from  dis- 
ease ;  and  in  case  of  disagreement  between  the  two  houses  with  re- 
spect to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 


336  CONSTITUTION   OP 


shall  think  proper,  not  beyond  the  day  of  the-  next  stated  meeting 
of  the  Legislature. 

8.  He  shall  from  time  to  time  give  to  the  Legislature  information 
cf  the  state  of  the  government,  and  recommend  to  their  considera- 
tion such  measures  as  he  may  deem  necessary  and  expedient. 

9.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

10.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and 
impeachment,  he  shall  have  power  to  grant  reprieves  and  pardons, 
and  remit  fines  ;  and  in  cases  of  forfeiture  to  stay  the  collection  until 
the  end  of  the  next  session  of  the  Legislature,  and  to  remit  forfeit- 
ures by  and  with  the  advice  and  consent  of  the  Senate.  In  cases  of 
treason  he  shall  have  power  to  grant  reprieves  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  but  may  respite  the  sentence  until 
the  end  of  the  next  session  of  the  Legislature. 

11.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Mississippi ;  be  sealed  with  the  great  seal,  and 
signed  by  the  Grovernor,  and  be  attested  by  the  Secretary  of  State. 

12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the 
Governor,  and  used  by  him  officially,  and  shall  be  called  the  great 
seal  of  the  State  of  Mississippi. 

13.  All  vacancies  not  provided  for  in  this  Constitution  shall  be 
filled  in  such  manner  as  the  Legislature  may  prescribe. 

14.  The  Secretary  of  State  shall  be  elected  by  the  qualified  elec- 
tors of  the  State,  and  shall  continue  in  office  during  the  term  of 
two  years.  He  shall  keep  a  fair  register  of  all  the  official  acts  and 
proceedings  of  the  Grovernor,  and  shall,  when  required,  lay  the  same, 
and  all  papers,  minutes,  and  vouchers  relative  thereto,  before  the 
Legislature,  and  shall  perform  such  other  duties  as  may  be  required 
of  him  by  law. 

15.  Every  bill  which  shall  have  passed  both  houses  of  the  Legis- 
lature shall  be  presented  to  the  Governor  ;  if  he  approve,  he  shall 
sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to  the  house 
in  which  it  shall  have  originated,  which  shall  enter  the  objections  at 
large  upon  their  journals,  and  proceed  to  reconsider  it.  If  after 
such  reconsideration  two-thirds  of  the  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered  :  if  approved  by  two-thirds  of  that 
house,  it  shall  become  a  law.  But  in  such  case  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  and  against  the  bill  shall  be  entered  on  the  jour- 
nals of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  Governor  within  six  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  become  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  Legislature  by  their  ad- 
journment prevent  its  return,  in  which  case  it  shall  become  a  law. 

16.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  resolutions  for  the  purpose  of 
obtaining  the  joint  action  of  both  houses,  and  on  questions  of  ad- 


MISSISSIPPI.  337 


journment,  shall  be  presented  to  the  Governor,  and  before  it  shall 
take  effect  be  approved  by  him,  or  being  disapproved,  shall  be  re- 
passed by  both  houses  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

1 7.  Whenever  the  office  of  Governor  shall  become  vacant  by  death, 
resignation,  removal  from  office,  or  otherwise,  the  President  of  the 
Senate  shall  exercise  the  office  of  Governor  until  another  Governor 
shall  be  duly  qualified  ;  and  in  case  of  the  death,  resignation,  remo- 
val from  office,  or  other  disqualification  of  the  President  of  the 
Senate  so  exercising  the  office  of  Governor,  the  Speaker  of  the 
House  of  Representatives  shall  exercise  the  o$ce,  until  the  Presi- 
dent of  the  Senate  shall  have  been  chosen  ;  and  when  the  office  of 
Governor,  President  of  the  Senate,  and  Speaker  of  the  House  shall 
become  vacant,  in  the  recess  of  ihe  Senate,  the  person  acting  as 
Secretary  of  State  for  the  time  being,  shall  by  proclamation  convene 
the  Senate,  that  a  President  may  be  chosen  to  exercise  the  office  of 
Governor. 

18.  When  either  the  President  or  Speaker  of  the  House  of  Rep- 
resentatives shall  so  exercise  said  office,  he  shall  receive  the  com- 
pensation of  Governor  only,  and  his  duties  as  President  or  Speaker 
shall  be  suspended,  and  the  Senate  or  House  of  Representatives,  as 
the  case  may  be,  shall  fill  the  vacancy  until  his  duties  as  Governor 
shall  cease. 

19.  A  sheriff,  and  one  or  more  coroners,  a  Treasurer,  Surveyor, 
and  ranger  shall  be  elected  in  each  county  by  the  qualified  electors 
thereof,  who  shall  hold  their  office,  for  two  years,  unless  sooner  remov- 
ed ;  except  that  the  coroner  shall  Ifold  his  office  until  his  successor 
be  duly  qualified. 

20.  A  State  Treasurer  and  auditor  of  public  accounts  shall  be 
elected  by  the  qualified  electors  of  the  State,  who  shall  hold  their 
offices  for  the  term  of  two  years,  unless  sooner  removed. 

Militia. 
Sec.   1.  The  Legislature  shall  provide  by  law  for  organizing  and 
disciplining  the  militia  of  this  State,  in  such  manner  as  they  shall 
deem  expedient,  not  incompatible  with  the  Constitution  and  laws  of 
the  United  States  in  relation  thereto. 

2.  Commissioned  officers  of  the  militia  (staff-officers  and  the  offi- 
cers of  volunteer  companies  excepted)  shall  be  elected  by  the  persons 
liable  to  perform  military  duty,  and  the  qualified  electors  within  their 
respective  commands,  and  shall  be  commissioned  by  the  Governor. 

3.  The  Governor  shall  have  power  to  call  forth  the  militia  to  execute 
the  laws  of  the  State,  to  suppress  insurrection,  and  repel  invasion. 

ARTICLE  Yl.— Impeachments. 

Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching. 

2.  All  impeachments  shall  be  tried  by  the  Senate.  When  sitting 
for  that  purpose,  the  senators  shall  be  en  oath  or  affirmation.     No 


338  CONSTITUTION    OF 


person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

3.  The  Grovernor,  and  all  civil  officers,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office,  but  judgment  in  such  cases  shall 
not  extend  further  than  to  removal  from  office,  and  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit  under  the  State  ;  but  the 
party  convicted  shall,  nevertheless,  be  liable  and  subject  to  indict- 
ment, trial,  and  punishment,  according  to  law,  as  in  other  cases. 

ARTICLE  Yll.— General  Provisions. 

Sec.  1.  Members  of  the  Legislature,  and  all  officers,  executive 
and  judicial,  before  they  enter  upon  the  duties  of  their  respective 
offices,  shall  take  the  following  oath  or  affirmation,  to  wit :  "  I  sol- 
emnly swear  (or  affirm,  as  the  case^may  be)  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State 
of  Mississippi,  so  long  as  I  continue  a  citizen  thereof,  and  that  I 
will  faithfully  discharge  to  the  best  of  my  abilities  the  duties  of  the 
office  of -,  according  to  law.     So  help  me  GodP 

2.  The  Legislature  shall  pass  such  laws  to  prevent  the  evil  prac- 
tice of  duelling  as  they  may  deem  necessary,  and  may  require  all 
officers,  before  they  enter  on  the  duties  of  their  respective  offices,  to 
take  the  following  oath  or  affirmation  :  "  I  do  solemnly  swear  (or 
affirm,  as  the  case  may  be)  that  I  have  not  been  engaged  in  a  duel, 
by  sending  or  accepting  a  challenge  to  fight  a  duel,  or  by  fighting 
a  duel  since  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-three,  nor  will  I  be  so  engaged 
during  my  continuance  in  offices     ho  help  me  GodP 

3.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  his  own  confession 
in  open  court. 

4.  Every  person  shall  be  disqualified  from  holding  an  office  or 
place  of  honor  or  profit  under  the  authority  of  this  State,  who  shall 
be  convicted  of  having  given  or  ofi"ered  any  bribe  to  procure  his  elec- 
tion. Laws  shall  be  made  to  exclude  from  office  and  from  suffrage 
those  who  shall  thereafter  be  convictedof  bribery,  perjury,  forgery,  or 
other  high  crimes  or  misdemeanors.  The  privilege  of  free  suffrage 
shall  be  supported  by  laws  regulating  elections,  and  prohibiting,  un- 
der adequate  penalties,  all  undue  influence  therein  from  power,  bri- 
bery, tumult,  or  other  improper  conduct. 

5.  No  person  who  denies  the  being  of  a  God,  or  a  future  state  of 
rewards  and  punishments,  shall  hold  any  office  in  the  civil  depart- 
ment of  this  State. 

6.  No  law  of  a  general  nature,  unless  otherwise  provided  for, 
shall  be  enforced  until  sixty  days  after  the  passage  thereof 

7.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  an  appropriation  made  by  law,  nor  shall  any  appropriation  of  money 


MISSISSIPPI.  339 


for  the  support  of  an  army  be  made  for  a  longer  term  than  one  year. 

8.  No  money  from  the  treasurer  shall  be  appropriated  to  objects 
of  internal  improvement,  unless  a  bill  for  that  purpose  be  approved 
by  two-thirds  of  both  branches  of  the  Legislature  ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of  public 
moneys  shall  be  published  annually. 

9.  No  law  shj^ll  ever  be  passed  to  raise  a  loan  of  money  upon  the 
credit  of  the  State,  or  to  pledge  the  faith  of  the  State  for  the  pay- 
ment or  redemption  of  any  loan  or  debt,  unless  such  law  be  propos- 
ed in  the  Senate  or  House  of  Representatives,  and  be  agreed  to  by 
a  majority  of  the  members  of  each  house,  and  entered  on  their  jour- 
nals with  the  yeas  and  nays  taken  thereon,  and  be  referred  to  the 
next  succeeding  Legislature,  and  published  for  three  months  previous 
to  the  next  regular  election,  in  three  newspapers  of  the  State  ;  and 
unless  a  majority  of  each  branch  of  the  Legislature,  so  elected,  after 
such  publication,  shall  agree  to,  and  pass  such  law  ;  and  in  such  case 
the  yeas  and  nays  shall  be  taken,  and  entered  on  the  journals  of 
each  house :  Provided,  that  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  the  Legislature  from  negotiating  a  further  loan 
of  one  and  a  half  million  of  dollars,  and  vesting  the  same  in  stock 
reserved  to  the  State  by  the  charter  of  the  Planters'  Bank  of  the  State 
of  Mississippi. 

10.  The  Legislature  shall  direct,  by  law,  in  what  manner  and  in 
what  courts  suits  may  be  brought  against  the  State. 

11.  Absence  on  business  of  this  State,  or  of  the  United  States, 
or  on  a  visit,  or  necessary  private  business,  shall  not  cause  a  for- 
feiture of  citizenship  or  residence  once  obtained. 

12.  It  shall  be  the  duty  of  the  Legislature  to  regulate,  by  law, 
the  cases  in  which  deductions  shall  be  made  from  salaries  of  public 
officers  for  neglect  of  duty  in  their  official  capacity,  and  the  amount 
of  such  deduction. 

13.  No  member  of  Congress  nor  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  (the  office  of  post-master  ex- 
cepted,) or  any  other  State,  of  the  Union,  or  under  any  foreign  power, 
shall  hold  or  exercise  any  office  of  trust  or  profit  under  this  State. 

14.  Religion,  morality,  and  knowledge,  being  necessary  to  good 
government,  the  preservation  of  liberty,  and  the  happiness  of  man- 
kind, schools,  and  the  means  of  education,  shall  forever  be  encour- 
aged in  this  State. 

15.  Divorces  from  the  bonds  of  matrimony  shall  not  be  granted, 
but  in  cases  provided  for  by  law,  by  suit  in  chancery. 

16.  Returns  of  all  elections  by  the  people  shall  be  made  to  the 
Secretary  of  State  in  such  manner  as  may  be  prescribed  by  law. 

17.  No  new  county  shall  be  established  by  the  Legislature,  which 
shall  reduce  the  county  or  counties,  or  either  of  them,  from  which  it 
may  be  taken,  to  less  contents  than  five  hundred  and  seventy-six. 
square  miles ;  nor  shall  any  new  county  be  laid  ofif  of  less  contents. 

18.  The  Legislature  shall  have  power  to  admit  to  all  the  rights  and 


340  CONSTITUTION    OF    MISSISSIPPI. 

privileges  of  free  white  citizens  of  this  State,  all  such  persons  of  the 
Choctaw  and  Chickasaw  tribes  of  Indians,  as  shall  choose  to  remain 
in  this  State,  upon  such  terms  as  the  Legislature  may  from  time  to 
time  deem  proper. 

Slaves. 

Sec.  1.  The  Legislature  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves  without  the  consent  of  theiiv  owners,  unless 
where  the  slave  shall  have  rendered  to  the  State  some  distinguished 
service ;  in  which  case  the  owner  shall  be  paid  a  full  equivalent  for 
the  slave  so  emancipated.  They  shall  have  no  power  to  prevent 
emigrants  to  this  State  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  the  laws  of  any  one  of  the  United  States,  so 
long  as  any  person  of  the  same  age  or  description  shall  be  continued 
in  slavery  by  the  laws  of  this  State ;  Provided,  that  such  person  or 
slave  be  the  bona  fide  property  of  such  emigrants ;  and  provided 
also,  that  laws  may  be  passed  to  prohibit  the  introduction  into  this 
State  of  slaves  who  may  have  committed  high  crimes  in  other  States. 
They  shall  have  power  to  pass  laws  to  permit  the  owners  of  slaves  to 
emancipate  them,  saving  the  rights  of  creditors,  and  preventing  them 
from  becoming  a  public  charge.  They  shall  have  full  power  to  oblige 
the  owners  of  slaves  to  treat  them  with  humanity ;  to  provide  for 
them  necessary  clothing  and  provisions  ;  to  abstain  from  all  injuries 
to  them,  extending  to  life  or  limb ;  and  in  case  of  their  neglect  or 
refusal  to  comply  with  the  directions  of  such  laws,  to  have  such  slave 
or  slaves  sold  for  the  benefit  of  the  owner  or  owners. 

2.  The  introduction  of  slaves  into  this  State  as  merchandize,  or 
for  sale,  shall  be  prohibited  from  and  after  the  first  day  of  May, 
eighteen  hundred  and  thirty-three:  Provided,  that  the  actual  settler 
or  settlers  shall  not  be  prohibited  from  purchasing  slaves  in  any 
State  in  this  Union,  and  bringing  them  into  this  State  for  their  own 
individual  use,  until  the  year  eighteen  hundred  and  forty-five. 

3.  In  the  prosecution  of  slaves  for  crimes  of  which  the  punish- 
ment is  not  capital,  no  inquest  by  a  grand  jury  shall  be  necessary; 
but  the^roceedings  in  such  cases  shall  be  regulated  by  law. 

Mode  of  revising  the  Constitution. 

Whenever  two-thirds  of  each  branch  of  the  Legislature  shall  deem 
any  change,  alteration,  or  amendment  necessary  to  this  Constitution, 
such  proposed  change,  alteration,  or  amendment  shall  be  read  and  pas- 
sed by  a  majority  of  two-thirds  of  each  house  respectively  on  each  day, 
for  three  several  days.  Public  notice  thereof  shall  then  be  given  by 
tlie  Secretary  of  State,  at  least  six  months  preceding  the  next  gen- 
eral election,  at  which  the  qualified  electors  shall  vote  directly  for  or 
against  such  change,  alteration,  or  amendment ;  and  if  it  shall  ap- 
pear that  a  majority  of  the  qualified  electors  voting  for  members  of 
the  Legislature,  shall  have  voted  for  the  proposed  change,  alteration, 
or  amendment,  then  it  shall  be  inserted  by  the  next  succeeding 
Legislature,  as  a  part  of  this  Constitution,  and  not  otherwise. 


LOUISIANA. 


This  State  was  first  explored  by  the  French,  and  named  Louisiana  in  honor 
of  Louis  XIV.  In  1699  a  French  settlement  was  begun  at  Ibberville,  by 
M.  Ibberville.  His  efforts  were  followed  up  by  M.  Crozat,  a  man  of  wealth, 
who  held  the  trade  of  the  country  for  several  years.  About  the  year  1717,  he 
transferred  all  his  interest  in  the  province  to  a  chartered  company,  at  the  head 
of  which  was  the  celebrated  John  Law,  whose  speculations  involved  the  ruin 
of  one  half  of  the  French  nobility.  In  1731,  the  company  resigned  all  their 
rights  to  the  crown,  by  whom  the  whole  of  Louisiana  was  ceded  to  Spain  in 
1762.  In  1800,  Spain  reconveyed  it  to  the  French,  from  whom  it  was  pur- 
chased by  the  United  States,  in  1803,  for  ^15,000,000.  Louisiana  became  a  State 
in  1812,  and  adopted  a  Constitution.     The  present  one  was  adopted  in  1845, 

Area,  45,350  sq.  miles.  Pop.  in  1850,  500,763.  Slaves,  230,807.  Free  col- 
ored, 15,685. 

CONSTITUTION. 

PREAMBLE. 

We,  the  people  of  the  State  of  Louisiana  do  ordain  and  establish 
this  Constitution : 


Art. 


TITLE  l.-— Distribution  of  Powers. 
1.  The  powers  of  the  government  of  the  State  of  Louisiana 


shall  be  divided  into  three  distinct  departments,  and  each  of  them 
be  confided  to  a  separate  body  of  magistracy,  to  wit :    those  which 


342  CONSTITUTION    OF 


are  legislative  to  one ;  those  whicli  are  executive  to  another;  and 
those  which  are  judicial  to  another. 

2.  No  one  of  these  departments,  nor  any  person  holding  office  in 
one  of  them,  shall  exercise  power  properly  belonging  to  either  of 
the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

TITLE  II. — Legislative  Depat-tTnent. 

V 

Art.  3.  The  legislative  powers  of  the  State  shall  be  vested  in  two 
distinct  branches,  the  one  to  be  styled  the  "  House  of  Representa- 
tives," the  other  "  The  Senate,"  and  both  "  The  General  Assembly 
of  the  State  of  Louisiana." 

4.  The  members  of  the  House  of  Representatives  shall  continue 
in  service  for  the  term  of  two  years,  from  the  day  of  the  closing  of 
the  general  elections. 

5.  Representatives  shall  be  chosen  on  the  first  Monday  in  No- 
vember, every  two  years  ;  and  the  election  shall  be  completed  in 
one  day.  The  G-eneral  Assembly  shall  meet  every  second  year,  on 
the  third  Monday  in  January  next  ensuing  the  election,  unless  a 
different  day  be  app:)inted  by  law,  and  their  session  shall  be  held  at 
the  seat  of  government. 

6.  No  person  shall  be  a  representative,  who,  at  the  time  of  his 
election,  is  not  a  free  white  male,  and  has  not  been  for  three  years 
a  citizen  of  the  United  States,  and  has  not  attained  the  age  of 
twenty-one  years,  and  resided  in  the  State  for  the  three  years  next 
preceding  the  election,  and  the  last  year  thereof  in  the  parish  for 
which  he  may  be  chosen. 

7.  Elections  for  representatives  for  the  several  parishes,  or  repre- 
sentative districts,  shall  be  held  at  the  several  election  precincts 
established  by  law.  The  Legislature  may  delegate  the  power  of 
establishing  election  prenivcts  to  the  parochial  or  municipal  au- 
thorities. 

8.  Representation  in  the  House  of  Representatives  shall  be  equal 
and  uniform,  and  shall  be  regulated  and  ascertained  by  the  number 
of  qualified  electors.  Each  parish  shall  have  at  least  one  represent- 
ative ;  no  new  parish  shall  be  created  with  a  territory  less  than  six 
hundred  and  twenty-five  square  miles,  nor  with  a  number  of  electors 
less  than  the  full  number  entitling  it  to  a  representative,  nor  when 
the  creation  of  such  new  parish  would  leave  any  other  parish  with- 
out the  said  extent  of  territory  and  number  of  electors.  The  first 
enumeration  to  be  made  by  the  State  authorities  under  this  Consti- 
tution, shall  be  in  1847,  the  second  in  1855,  and  the  subsequent 
enumerations  shall  be  made  every  tenth  year  thereafter,  in  such 
manner  as  shall  be  prescribed  by  law 

At  the  first  regular  session  of  the  Legislature  after  the  making  of 
each  enumeration,  the  Legislature  shall  apportion  the  representation 
amongst  the  several  parishes  and  election  districts,  on  the  basis  of 
qualified  electors  as  aforesaid.     A  renresentative  number  shall  be 


LOUISIANA.  343 


fixed,  and  each  parish  and  election  district  shall  have  as  many  rep- 
resentatives as  the  aggregate  number  of  its  electors  will  entitle  it 
to,  and  an  additional  representative  for  any  fraction  exceeding  one- 
half  the  representative  number.  The  number  of  representatives 
shall  not  be  more  than  one  hundred,  nor  less  than  sevent3^ 

9.  The  House  of  Representatives  shall  choose  its  Speaker  and 
other  officers. 

10.  In  all  elections  by  the  people,  every  free  white  male,  who  has 
been  two  years  a  citizen  of  the  United  States,  who  has  attained  the 
age  of  twenty-one  years,  and  resided  in  the  State  two  consecutive 
years  next  preceding  the  election,  and  the  last  year  thereof  in  the 
parish  in  which  he  offers  to  vote,  shall  have  the  right  of  voting :  pro- 
videdj  that  no  person  shall  be  deprived  of  the  right  of  voting,  who, 
at  the  time  of  the  adoption  of  this  Constitution,  was  entitled  to  that 
right  under  the  Constitution  of  1812.  Electors  shall  in  all  cases, 
except  treason,  felony,  breach  of  surety  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at,  going  to,  or  returning  from 
elections. 

1 1 .  Absence  from  the  State  for  more  than  ninety  consecutive 
days,  shall  interrupt  the  acquisition  of  the  residence  required  in  the 
preceding  section,  unless  the  person  abs^ting  himself  shall  be  a 
house-keeper,  or  shall  occupy  a  tenement  for  carrying  on  business, 
and  his  dwelling-house  or  tenements  for  carrying  on  business  shall 
be  actually  occupied  during  his  absence,  by  his  family,  or  servants, 
or  some  portion  thereof,  or  by  some  one  employed  by  him. 

12.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States,  no  pauper,  no  person  under  interdiction,  nor  under 
conviction  of  any  crime  punishable  with  hard  labor,  shall  be  entitled 
to  vote  at  any  election  in  this  State. 

13.  No  person  shall  be  entitled  to  vote  at  any  election  held  in 
this  State,  except  in  the  parish  of  his  residence  and  in  cities  and 
towns  divided  into  election  precincts,  in  the  election  precinct  in 
which  he  resides. 

14.  The  members  of  the  Senate  shall  be  chosen  for  the  term  of 
four  3^ears.  The  Senate,  when  assembled,  shall  have  the  power  to 
choose  its  officers  every  two  years. 

15.  The  Legislature,  in  every  year  in  which  they  shall  apportion 
representation  in  the  House  of  Representatives,  shall  divide  the 
State  into  senatorial  districts.  No  parish  shall  be  divided  in  the 
formation  of  a  senatorial  district,  except  Orleans.  The  number  of 
senators  shall  be  thirty-two,  and  they  shall  be  apportioned  among 
the  senatorial  districts  according  to  the  total  population  contained 
in  the  several  districts :  provided,  that  no  parish  shall  be  entitled  to 
more  than  one-eighth  of  the  whole  number  of  senators. 

16.  In  all  apportionments  of  the  Senate,  the  population  of  the  city 
of  New  Orleans  shall  be  deducted  from  the  population  of  the  whole 
State,  and  the  remainder  of  the  population  divided  by  the  number 
twenty-eight,  and  the  result  produced  by  this  division  shall  be  the 

25 


344  CONSTITUTION    OF 


senatorial  ratio  entitling  a  senatorial  district  to  a  senator.  Single 
or  contigious  parishes  shall  be  formed  into  districts  having  a  popu- 
lation the  nearest  possible  to  the  number  entitling  a  district  to  a 
senator  ;  and  if  in  the  apportionment  to  be  made,  a  parish  or  dis- 
trict fall  short  of  or  exceed  the  ratio  one-fifth,  then  a  district  may 
be  formed  having  not  more  than  two  senators,  but  not  otherwise. 

17.  At  the  first  session  of  the  General  Assembly  after  this  Con- 
stitution takes  effect,  the  senators  shall  be  equally  divided,  by  lot, 
into  two  classes  ;  the  seats  of  the  senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year ;  so  that  one  half  shall  be  chosen 
every  two  years,  and  a  rotation  thereby  kept  up  perpetually.  In 
case  any  district  shall  have  elected  two  or  more  senators,  said  sena- 
tors shall  vacate  their  seats  respectively  at  the  end  of  two  and  four 
years,  and  lots  shall  be  drawn  between  them. . 

18.  No  person  shall  be  a  senator  who  at  the  time  of  his  election, 
has  not  been  a  citizen  of  the  United  States  ten  years  and  who  has 
not  attained  the  age  of  twenty-seven  years,  and  resided  in  the  State 
four  years  next  preceding  his  election,  and  the  last  year  thereof,  in 
the  district  in  which  he  may  be  chosen. 

19.  The  first  election  for  senators  shall  be  general  throughout  the 
State,  and  at  the  same  time  that  the  general  election  for  represent- 
atives is  held  ;  and  thereafter  there  shall  be  biennial  elections  to  fill 
the  place  of  those  whose  time  of  service  may  have  expired. 

20.  Not  less  than  a  majority  of  the  members  of  each  house  of  the 
G-eneral  Assembly  shall  form  a  quorum  to  do  business ;  but  a  smaller 
number  may  adjourn  from  day  to  day  and  shall  be  authorized  by  law 
to  compel  the  attendance  of  absent  members. 

2 1 .  Each  house  of  the  G-eneral  Assembly  shall  judge  of  the  qual- 
ification, election  and  returns  of  its  members  :  but  a  contested  elec- 
tion, shall  be  determined  in  such  manner  as  shall  be  directed  by 
law. 

22.  Each  house  of  the  General  Assembly  may  determine  the  rules 
of  its  proceedings,  punish  a  member  for  disorderly  behavior,  and 
with  the  concurrence  of  two-thirds,  expel  a  member,  but  not  a  second 
time  for  the  same  offence. 

23.  Each  house  of  the  General  Assembly  shall  keep  and  publish 
a  weekly  journal  of  its  proceedings  ;  and  the  jesLS  and  nays  of  the 
members  on  any  question  shall,  at  the  desire  of  any  two  of  them, 
be  entered  on  the  journal. 

24.  Each  house  may  punish  by  imprisonment  any  person  not  a 
member  for  disorderly  behavior,  such  imprisonment  not  to  exceed 
ten  days  for  any  one  offence. 

25.  Neither  house,  during  the  session  of  the  General  Assembly, 
shall  without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  place  than  that  in  which  they  may  be  sitting. 

26.  The  members  of  the  General  Assembly  shall  receive  from  the 
public  treasury  a  compensation  for  their  services  which  shall  be  four 


LOUISIANA.  345 


dollars  per  day  during  their  attendance,  going  to  and  returning  from 
tlie  session  of  their  respective  houses.  The  compensation  may  be 
increased  or  diminished  by  law  ;  but  no  alteration  shall  take  effect 
during  the  period  of  service  of  \the  members  of  the  House  of  Rep- 
resentatives by  whom  such  alteration  shall  be  made.  No  session 
shall  extend  to  a  period  beyond  sixty  days,  to  date  from  its  com- 
mencement. This  provision  shall  not  apply  to  the  first  Legislature 
which  is  to  convene  after  the  adoption  of  this  Constitution. 

27.  The  members  of  the  General  Assembly  shall,  in  all  cases,  ex- 
cept treason,  felony,  breach  or  surety  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  sessions  of  their  respective 
houses,  and  going  to  or  returning  from  the  same,  and  for  any  speech  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

28.  No  senator  or  representative  shall,  during  the  term  for  which 
he  was  elected,  nor  for  one  year  thereafter,  be  appointed  or  elected 
to  any  civil  office  of  profit  under  this  State,  which  shall  have  been 
created,  or  the  emoluments  of  which  shail  have  been  increased  during 
the  time  such  senator  or  representative  was  in  office,  except  to  such 
offices  or  appointments  as  may  be  filled  Iby  the  election  of  the 
people. 

29.  No  person,  while  he  continues  to  exercise  the  functions  of  a 
clergyman,  priest,  or  teacher  of  any  religious  persuasion,  society  or 
sect,  shall  be  eligible  to  the  General  Assembly. 

30.  No  person  who  at  any  time  may  have  been  a  collector  of  taxes, 
or  who  may  have  been  otherwise  entrusted  with  public  money,  shall 
be  eligible  to  the  General  Assembly,  or  to  any  office  of  profit  or  trust 
under  the  State  government,  until  he  shall  have  obtained  a  discharge 
for  the  amount  of  such  collection,  and  for  all  public  moneys  with 
which  he  may  have  been  entrusted. 

31  No  bill  shall  have  the  force  of  a  law  until,  on  three  several 
days,  it  be  read  over  in  each  house  of  the  General  Assembly,  and 
free  discussion  allowed  thereon  ;  unless  in  case  of  urgency,  four-fifths 
of  the  house  where  the  bill  shall  be  pending,  may  deem  it  expedient 
to  dispense  with  this  rule. 

32.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives,  but  the  Senate  may  propose  amendments  as  in  other 
bills  ;  provided  they  shall  not  introduce  any  new  matter  under  color 
of  an  amendment,  which  does  not  relate  to  raising  revenue. 

33.  The  General  Assembly  shall  regulate  bylaw  by  whom,  and  in 
what  manner  writs  of  election  shall  be  issued  to  fill  the  vacancies 
which  may  happen  in  either  branch  thereof. 

34.  A  majority  of  all  the  members  elected  to  the  Senate  shall  be 
required  for  the  confirmation  or  rejection  of  officers,  to  be  appointed 
by  the  Governor,  with  the  advice  and  consent  of  the  Senate ;  and 
the  Senate  in  deciding  thereon  shall  vote  by  yeas  and  nays,  and  the 
names  of  the  senators  voting  for  and  against  the  appointments,  res- 
pectively, shall  be  entered  on  a  journal  to  be  kept  for  that  purpose, 
and  made  public  at  the  end  of  each  session,  or  before. 


346  CONSTITUTION    OF 


35.  Returns  of  all  elections  for  members  of  the  General  Assem- 
bly shall  be  made  to  the  Secretary  of  State. 

36.  A  Treasurer  of  the  State  shall  be  elected  biennially  by  joint 
ballot  of  the  two  houses  of  the  General  Assembly.  The  Governor 
shall  have  power  to  fill  any  vacancy  which  may  happen  in  that  office 
during  the  recess  of  the  Legislature. 

37.  In  the  year  in  which  a  regular  election  for  a  senator  of  the 
United  States  is  to  take  place,  the  members  of  the  General  Assem- 
bly shall  meet  in  the  hall  of  the  House  of  Representatives,  on  the 
Monday  following  the  meeting  of  the  Legislature,  and  proceed  to 
said  election.    • 

TITLE  111.— Executive  Department. 
Art.  38.  The  supreme  executive  power  of  the  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  the  Governor  of  the 
State  of  Louisania.  He  shall  hold  his  office  during  the  term  of 
four  years  ;  and  together  with  the  Lieutenant-Governor,  chosen  for 
the  same  term,  shall  be  elected  by  the  qualified  electors  at  the 
time  and  place  of  voting  for  representatives  ;  and  the  returns 
shall  be  made  to  the  General  Assembly,  on  the  second  day  of  the 
session  of  the  General  Assembly  next  to  be  holden.  The  persons 
having  the  greatest  number  of  votes  shall  be  declared  elected.  But 
if  two  or  more  persons  shall  be  equal  in  the  highest  number  of  votes 
polled,  one  of  them  shall  immediately  be  chosen  Governor,  by  the 
joint  vote  of  the  members  of  the  General  Assembly.  The  Lieu 
tenant-Governor  is  chosen  in  the  same  manner  as  the  Governor. 

39.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant-Governor who  shall  not  have  attained  the  age  of  thirty-five 
years,  been  fifteen  years  a  citizen  of  the  United  States,  and  a  resi- 
dent within  the  State  for  the  same  space  of  time  next  preceding  his 
election. 

40.  The  Governor  shall  enter  on  the  discharge  of  his  duties  on 
the  fourth  Monday  of  January  next  ensuing  his  election. 

41.  The  Governor  shall  be  ineligible  for  the  succeeding  four 
years  after  the  expiration  of  the  time  for  which  he  shall  have  been 
elected. 

42.  No  member  of  Congress  or  person  holding  any  office  under 
the  United  States,  or  minister  of  any  religious  society,  shall  be 
eligible  to    the  of&ce   of  Governor  or  Lieutenant-Governor. 

43.  In  case  of  the  impeachment  of  the  Governor,  his  removal 
from  office,  death,  refusal  or  inability  to  qualify,  resignation,  or  ab- 
sence from  the  State,  the  powers  and  duties  of  the  office  shall 
devolve  upon  the  Lieutenant-Governor,  for  the  residue  of  the  term, 
or  until  the  Governor  absent  or  impeached  shall  return  or  be  ac- 
quitted. The  Legislature  may  provide  by  law  for  the  case  of  re- 
moval, impeachment,  death,  resignation,  disability,  or  refusal  to  quali- 
fy, of  both  the  Governor  and  Lieutenant-Governor,  declaring  what 
officer  shall  act  as  Governor ;  and  such  officer  shall  act  accordingly, 
until  the  disability  be  removed,  or  for  the  residue  of  the  term. 


LOUISIANA  347 


44.  The  Lieutenant-Governor,  or  other  officer  discharging  the  du- 
ties of  Governor,  shall,  during  his*  administration,  receive  the  same 
compensation  to  which  the  Governor  would  have  been  entitled,  had 
he  continued  in  office. 

45.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office,  be 
President  of  the  Senate,  but  shall  have  only  a  casting  vote  therein. 
Whenever  he  shall  administer  the  government,  or  shall  be  unable  to 
attend  as  President  of  the  Senate,  the  senators  shall  elect  one  of  their 
own  members  as  President  of  the  Senate  for  the  time  being. 

46.  While  he  acts  as  President  of  the  Senate,  the  Lieutenant- 
Governor  shall  receive  for  his  services  the  same  compensation  which 
shall  for  the  same  period  be  allowed  to  the  Speaker  of  the  House 
of  Representatives,  and  no  more. 

47.  The  Governor  shall  have  power  to  grant  reprieves  for  all  of- 
fences against  the  State,  and  except  in  cases  of  impeachment,  shall, 
with  the  consent  of  the  Senate,  have  power  to  grant  pardons  and  re- 
mit fines  and  forfeitures,  after  conviction.  In  cases  of  treason,  he 
may  grant  reprieves,  until  the  end  of  the  next  session  of  the  Gene- 
ral Assembly,  in  which  the  power  of  pardoning  shall  be  vested. 

48.  The  Governor  shall  at  stated  times  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  term  for  which  he  shall  have  been  elected. 

49.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia  thereof,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

50.  He  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  all  officers  whose  offices  are  established  by  this 
Constitution,  and  whose  appointment  is  not  therein  otherwise  pro- 
vided for :  provided,  however,  that  the  Legislature  shall  have  -a  right 
to  prescribe  the  mode  of  appointment  to  a-ll  other  offices  established 
by  law. 

51.  The  Governor  shall  have  power  to  fill  vacancies  that  may  hap- 
pen during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  the  next  session,  unless  otherwise  provid- 
ed for  in  this  Constitution  ;  but  no  person  who  has  been  nominated 
for  office,  and  rejected  by  the  Senate,  shall  be  appointed  to  the  same 
office  during  the  recess  of  the  Senate. 

52.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

53.  He  shall,  from  time  to  time,  give  to  the  General  Assembly  in- 
formation respecting  the  situation  of  the  State,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  expedient. 

54.  He  may  on  extraordinary  occasions  convene  the  General  As- 
sembly at  the  seat  of  Government,  or  at  a  different  place  if  that 
should  have  become  dangerous  from  an  enemy  or  from  epidemic ; 
and  in  case  of  disagreement  between  the  two  housee  as  to  the  time 


348  CONSTITUTION    OF 


of  adjournment,  he  may  adjourn  them  to  such  time  as  he  may  think 
proper,  not  exceeding  four  months*. 

55.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

56.  Every  bill  which  shall  have  passed  both  houses  shall  be  pre- 
sented to  the  Governor ;  if  he  approve,  he  shall  sign  it,  if  not,  he 
shall  rekirn  it  with  his  objections  to  the  house  in  which  it  originated, 
which  snail  enter  the  objections  at  large  upon  its  journal,  and  pro- 
ceed to  re-consider  it ;  if  after  such  re-consideration,  two-thirds  of 
all  the  members  elected  to  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  with  the  objections  to  the  other  house,  by  which  it 
shall  likewise  be  re-considered,  and  if  approved  by  two-thirds  of  all 
the  members  elected  to  that  house,  it  shall  be  a  law ;  but  in  such 
cases  the  vote  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill,  shall 
be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  Governor  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  it  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  General  Assembly, 
by  adjournment,  prevent  its  return  ;  in  which  case  it  shall  be  a  law. 
unless  sent  back  within  three  days  after  their  next  meeting. 

57.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
both  houses  may  be  necessary,  except  on  a  question  of  adjournment, 
shall  be  presented  to  the  Governor ;  and  before  it  shall  take  effect, 
be  approved  by  him,  or  being  disapproved,  shall  be  re-passed  by  two- 
thirds  of  the  members  elected  to  each  house  of  the  General  Assem- 
bly. 

58.  There  shall  be  a  Secretary  of  State,  who  shall  hold  his  of&ce 
during  the  time  for  which  the  Governor  shall  have  been  elected. 
The  records  of  the  State  shall  be  kept  and  preserved  in  the  office 
of  the  Secretary ;  he  shall  keep  a  fair  register  of  the  official  acts 
and  proceedings  of  the  Governor,  and  when  necessary,  shall  attest 
them.  He  shall,  when  required,  lay  the  said  register,  and  all  papers, 
minutes,  and  vouchers  relative  to  his  office,  before  either  house  of 
the  General  Assembly,  and  shall  perform  such  other  duties  as  may 
be  enjoined  on  him  by  law. 

59.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  State  of  Louisiana,  and  shall  be  sealed  with  the  State  seal, 
and  signed  by  the  Governor. 

60.  The  free  white  men  of  the  State  shall  be  armed  and  disciplined 
for  its  defense :  but  those  who  belong  to  religious  societies  whose 
tenets  forbid  them  to  carry  arms,  shall  not  be  compelled  so  to  do, 
but  shall  pay  an  equivalent  for  personal  services. 

61.  The  militia  of  the  State  shall  be  organized  in  such  manner  as 
may  be  hereafter  deemed  most  expedient  by  the  Legislature. 

TITLE  IV. — Judiciary  Department. 

Art.  62.  The  judicial  power  shall  be  vested  in  a  Supreme  Court, 
in  district  courts,  and  in  justices  of  the  peace, 


\ 


LOUISIANA.  349 


63.  The  Supreme  Court,  except  in  cases  hereinafter  provided, 
shall  have  appellate  jurisdiction  only,  which  jurisdiction  shall  extend 
to  all  cases  when  the  matter  in. dispute  shall  exceed  three  hundred 
dollars,  and  to  all  cases  in  which  the  constitutionality  or  legality 
of  any  tax,  toll,  or  impost  of  any  kind  or  nature  soever,  shall  be  in 
contestation,  whatever  may  be  the  amount  thereof ;  and  likewise  to 
all  fines,  forfeitures,  and  penalties  imposed  by  municipal  corpora- 
tions, and  in  criminal  cases  on  questions  of  law  alone,  whenever  the 
punishment  of  death  or  hard  labor  may  be  inflicted,  or  when  a  fine 
exceeding  three  hundred  dollars  is  actually  imposed. 

64.  The  Supreme  Court  shall  be  composed  of  one  Chief-Justice, 
and  of  three  associate-justices,  a  majority  of  whom  shall  constitute 
a  quorum.  The  Chief- Justice  shall  receive  a  salary  of  six  thousand 
dollars,  and  each  of  the  associate-judges  a  salary  of  five  thousand 
five  hundred  dollars  annually.  The  Court  shall  appoint  its  own 
clerks.     The  judges  shall  be  appointed  for  the  term  of  eight  years. 

65.  When  the  first  appointments  are  made  under  this  Constitution, 
the  Chief-Justice  shall  be  appointed  for  eight  years,  one  of  the  asso- 
ciate-judges for  six  years,  one  for  four  years,  and  one  for  two  years ; 
and  in  the  event  of  the  death,  resignation,  or  removal  of  any  of  said 
judges  before  the  expiration  of  the  period  for  which  he  was  appoint- 
ed, his  successor  shall  be  appointed  only  for  the  remainder  of  his 
term ;  so  that  the  term  of  service  of  no  two  of  said  judges  shall  ex- 
pire at  the  same  time. 

66.  The  Supreme  Court  shall  hold  its  sessions  in  New  Orleans 
from  the  first  Monday  of  the  month  of  November  to  the  end  of  the 
month  of  June,  inclusive.  The  Legislature  shall  have  power  to  fix 
the  sessions  elsewhere  during  the  rest  of  the  year ;  until  otherwise 
provided,  the  sessions  shall  be  held  as  heretofore. 

67.  The  Supreme  Court,  and  each  of  the  judges  thereof,  shall 
have  power  to  issue  writs  of  habeas  corpus^  at  the  instance  of  all 
persons  in  actual  custody  under  process,  in  all  cases  in  which  they 
may  have  appellate  jurisdiction. 

68.  In  all  cases  in  which  the  judges  shall  be  equally  divided  in 
opinion,  the  judgment  appealed  from  shall  stand  affirmed ;  in  which 
case  each  of  the  judges  shall  give  his  separate  opinions  in  writ- 
ing. 

69.  All  judges,  by  virtue  of  their  office,  shall  be  conservators  of 
the  peace  throughout  the  State.  The  style  of  all  processes  shall  be, 
*'  The  State  of  Louisiana."  All  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  State  of  Louisiana,  and  con- 
clude, against  the  peace  and  dignity  of  the  same. 

70.  The  judges  of  all  the  courts  within  this  State  shall,  as  often 
as  it  may  be  possible  so  to  do,  in  every  definite  judgment,  refer  to 
the  particular  law  in  virtue  of  which  such  judgment  may  be  ren- 
dered, and  in  all  cases  adduce  the  reasons  on  which  their  judgment 
is  founded. 

71.  No  court  or  judge  shall  make  any  allowance  by  way  of  fee  or 


350  CONSTITUTION    OF 


compensation  in  any  suit  or  proceedings,  except  for  the  payment  of 
such  fees  to  ministerial  officers  as  may  be  established  by  law. 

72.  No  duties  or  functions  shall  ever  be  attached  by  law  to  the 
supreme  or  district  courts,  or  to  the  several  judges  thereof,  but  such 
as  are  judicial ;  and  the  said  judges  are  prohibited  from  receiving 
any  fees  of  office  or  other  compensation  than  their  salaries  for  any 
civil  duties  performed  by  them. 

73.  The  judges  of  all  courts  shall  be  liable  to  impeachment ;  but 
for  any  reasonable  cause,  which  shall  not  be  sufficient  ground  for 
impeachment,  the  Governor  shall  remove  any  of  them  on  the  address 
of  three-fourths  of  the  members  present  of  each  house  of  the  Gene- 
ral Assembly.  In  every  such  case  the  cause  or  causes  for  which  such 
removal  may  be  required,  shall  be  stated  at  length  in  the  address, 
and  inserted  in  the  journal  of  each  house. 

74.  There  shall  ^be  an  Attorney-General  for  the  State,  and  as 
many  district-attorneys  as  may  be  hereafter  found  necessary.  They 
shall  hold  their  offices  for  two  years ;  their  duties  shall  be  deter- 
mined by  law. 

75.  The  first  Legislature  assembled  under  this  Constitution  shall 
divide  the  State  into  judicial  districts,  which  shall  remain  unchanged 
for  six  years,  and  be  subject  to  re-organization  every  sixth  year 
thereafter. 

The  number  of  districts  shall  not  be  less  than  twelve,  nor  more 
than  twenty. 

For  each  district  one  judge,  learned  in  the  law,  shall  be  appointed, 
except  in  the  districts  in  which  the  cities  of  New  Orleans  and  La- 
fayette are  situated,  in  which  the  Legislature  may  establish  as  many 
district  courts  as  the  public  interest  may  require. 

76.  Each  of  the  said  judges  shall  receive  a  salary  to  be  fixed  by 
law,  which  shall  not  be  increased  or  diminished  during  his  term  of 
office,  and  shall  never  be  less  than  two  thousand  five  hundred  dol- 
lars annually.  He  must  be  a  citizen  of  the  United  States,  over  the 
age  of  thirty  years,  and  have  resided  in  the  State  for  six  years  next 
preceding  his  appointment,  and  have  practised  law  therein  for  the 
space  of  five  years. 

77.  The  judges  of  the  district  courts  shall  hold  their  offices  for 
the  term  of  six  years.  The  judges  first  appointed  shall  be  divided 
by  lot  into  three  classes,  as  nearly  equal  as  can  be,  and  the  term  of 
office  of  the  judges  of  the  first  class  shall  expire  at  the  end  of  two 
years,  of  the  second  class  at  the  end  of  four  years,  and  of  the  third 
class  at  the  end  of  six  years. 

78.  The  district  courts  shall  have  original  jurisdiction  in  all  civil 
cases,  when  the  amount  in  dispute  exceeds  fifty  dollars,  exclusive  of 
interest.  In  all  criminal  cases,  and  in  all  matters  connected  with 
successions,  their  jurisdiction  shall  be  unlimited. 

79.  The  Legislature  shall  have  power  to  vest  in  clerks  of  courts 
authority  to  grant  such  orders,  and  to  do  such  acts  as  may  be  deem- 
ed necessary  for  the  furtherance  of  the  administration  of  justice, 


LOUISIANA.  351 


and  in  all  cases  the  powers  tlius  granted  shall  be  specified  and  de- 
termined. 

80.  The  clerks  of  the  several  courts  shall  be  removable  for  breach 
of  good  behavior  by  the  judges  thereof;  subject  in  all  cases  to  an 
appeal  to  the  Supreme  Court. 

81.  The  jurisdiction  of  justices  of  the  peace  shall  never  exceed, 
in  civil  cases,  the  sum  of  one  hundred  dollars,  exclusive  of  interest, 
subject  to  appeal  to  the  District  Court  in  such  cases  as  shall  be  pro- 
vided for  by  law.  They  shall  be  elected  by  the  qualified  voters  of 
each  parish  for  the  term  of  two  years,  and  shall  have  such  criminal 
jurisdiction  as  shall  be  provided  for  by  law. 

82.  Clerks  of  the  district  courts  in  this  State  shall  be  elected  by 
the  qualified  electors  in  each  parish,  for  the  term  of  four  years,  and 
should  a  vacancy  occur  subsequent  to  an  election,  it  shall  be  filled 
by  the  jud^e  of  the  court  in  which  such  vacancy  exists,  and  the 
person  so  appointed  shall  hold  his  office  until  the  next  general 
election. 

83.  A  sheriff  and  a  coroner  shall  be  elected  in  each  parish,  by 
the  qualified  voters  thereof,  who  shall  hold  their  offices  for  the  term 
of  two  years,  unless  sooner  removed. 

Should  a  vacancy  occur  in  either  of  these  offices  subsequent  to  an 
election,  it  shall  be  filled  by  the  Governor ;  and  the  person  so  ap- 
pointed shall  continue  in  office  until  his  successor  shall  be  elected 
and  qualified. 

TITLE  Y.—ImpeackmenL 

Art.  84.  The  power  of  impeachment  shall  be  vested  in  the 
House  of  Representatives. 

85.  Impeachments  of  the  Grovernor,  Lieutenant-Governor,  Attor- 
ney-General, Secretary  of  State,  State  Treasurer,  and  of  the  judges 
of  the  district  courts,  shall  be  tried  by  the  Senate :  the  Chief  Jus- 
tice of  the  Supreme  Court,  or  the  senior  judge  thereof,  shall  preside 
during  the  trial  of  such  impeachment.  Impeachments  of  the  judges 
of  the  Supreme  Court  shall  be  tried  by  the  Senate.  When  sitting 
as  a  court  of  impeachment,  the  senators  shall  be  upon  oath  or  affir- 
mation, and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  senators  present. 

86.  Judgments  in  cases  of  impeachments  shall  extend  only  to  re- 
moval from  office  and  disqualification  from  holding  any  office  of 
honor  trust  or  profit  under  this  State ;  but  the  parties  convicted 
shall,  nevertheless,  be  subject  to  indictment,  trial,  and  punishment 
according  to  law. 

87'.  All  officers  against  whom  articles  of  impeachment  may  be 
preferred,  shall  be  suspended  from  the  exercise  of  their  functions 
during  the  pendency  of  such  impeachment;  the  appointing  power 
may  make  a  provisional  appointment  to  replace  any  suspended 
officer  until  the  decision  on  the  impeachment. 

88.  The  Legislature  shall  provide  by  law  for  the  trial,  punish- 


sm 


CONSTITUTION    OF 


ment,  and  removal  from  office  of  all  other  officers  of  the  State,  by 
indictment  or  otherwise. 

TITLE  YL— General  Provisimis. 
Art.  89.  Members  of  the  General  Assembly,  and  all  officers,  be- 
fore they  enter  upon  the  duties  of  their  offices,  shall  take  the  follow- 
ing oath  or  affirmation :  "  I  (A.  B.)  do  solemnly  swear  {or  affirm)  that  I 
will  faithfully  and  impartially  discharge  and  perform  all  the  duties 

incumbent  on  me  as ,  according  to  the  best  of  my  abilities  and 

understanding,  agreeably  to  the  Constitution  and  laws  of  the  United 
States  and  of  this  State ;  and  I  do  further  solemltly  swear  (or  affirm) 
that,  since  the  adoption  of  the  present  Constitution,  I,  being  a  citi- 
zen of  this  State,  have  not  fought  a  duel  with  deadly  weapons  within 
this  State,  nor  out  of  it,  with  a  citizen  of  this  State,  nor  have  I  sent 
or  accepted  a  challenge  to  fight  a  duel  with  deadly  weapons  with  a 
citizen  of  this  State,  nor  have  I  acted  as  second  in  carrying  a  chal- 
lenge, or  aided,  advised,  or  assisted  any  person  thus  offending:  so 
help  me  God." 

90.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  fhe  same  overt  act,  or  his  own  confession 
in  open  court. 

9 1 .  Every  person  shall  be  disqualified  from  holding  any  office  of 
trust  or  profit  in  this  State,  who  shall  have  been  convicted  of  having 
given  or  offered  a  bribe  to  procure  his  election  or  appointment. 

92.  Laws  shall  be  made  to  exclude  from  office,  and  from  the  right 
of  suffrage,  those  who  shall  hereafter  be  convicted  of  bribery,  per- 
jury, forgery,  or  other  high  crimes  or  misdemeanors.  The  privilege 
of  free  suffrage  shall  be  supported  by  laws  regulating  elections,  and 
prohibiting,  under  adequate  penalties,  all  undue  influence  thereon, 
from  power,  bribery,  tumult,  or  other  improper  practice. 

93.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance 
of  specific  appropriations  made  by  law,  nor  shall  any  appropriation 
of  money  be  made  for  a  longer  term  than  two  years.  A  regular 
statement  and  account  of  the  receipts  and  expenditures  of  all  public 
moneys  shall  be  published  annually,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

94.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  such 
laws  as  may  be  proper  and  necessary  to  decide  differences  by  arbi- 
tration. 

95.  All  civil  officers  for  the  State  at  large  shall  reside  within  the 
State,  and  all  district  or  parish  officers  within  their  districts  or 
parishes,  and  shall  keep  their  offices  at  such  places  therein  as  may 
be  required  by  law :  and  no  person  shall  be  elected  or  appointed  to 
any  parish  office  who  shall  not  have  resided ,  in  such  parish  long 
enough  before  such  election  or  appointment  to  have  acquired  the 
right  of  voting  in  such  parish ;  and  no  person  shall  be  elected  or 


LOUISIANA.  353 


appointed  to  any  district  office,  who  shall  npt  have  resided  in  such 
district,  or  an  adjoining  district,  long  enough  before  such  appoint- 
ment or  election,  to  have  acquired  the  right  of  voting  for  the  same. 

96.  The  duration  of  all  offices  not  fixed  by  this  Constitution  shall 
never  exceed  four  years. 

97.  All  civil  officers,  except  the  Governor  and  judges  of  the  Su- 
preme and  district  courts,  shall  be  removable  by  an  address  of  a 
majority  of  the  members  of  both  houses,  except  those  the  removal 
of  whom  has  been  otherwise  provided  for  by  this  Constitution. 

98.  Absence  on  the  business  of  this  State  or  of  the  United  States, 
shall  not  forfeit  a  residence  once  obtained,  so  as  to  deprive  any  one 
of  the  right  of  suffi-age,  or  of  being  elected  or  appointed  to  any 
office  under  the  exceptions  contained  in  this  Constitution. 

99.  It  shall  be  the  duty  of  the  Legislature  to  provide  by  law  for 
deductions  from  the  salaries  of  public  officers  who  may  be  guilty  of 
a  neglect  of  duty, 

100.  The  Legislature  shall  point  out  the  manner  in  which  a  per- 
son coming  into  the  State  shall  declare  his  residence. 

101.  In  all  elections  by  the  people  the  vote  shall  be  by  ballot, 
and  in  all  elections  by  the  Senate  and  House  of  Representatives, 
jointly  or  separately,  the  vote  shall  be  given  viva  voce. 

102.  No  member  of  Congress,  nor  person  holding  or  exercising 
any  office  of  trust  or  profit  under  the  United  States,  or  either  of 
them,  or  under  any  foreign  power,  shall  be  eligible  as  a  member  of 
the  General  Assembly,  or  hold  or  exercise  any  office  of  trust  or 
profit  under  the- State. 

103.  The  laws,  public  records,  and  the  judicial  and  legislative 
written  proceedings  of  the  State  shall  be  promulgated,  preserved 
and  conducted  in  the  language  in  which  the  Constitution  of  the 
United  States  is  written. 

104.  The  Secretary  of  the  Senate,  and  Clerk  of  the  House  of 
Representatives,  shall  be  conversant  with  the  French  and  English 
languages,  and  members  may  address  either  house  in  the  French  or 
English  language. 

105.  The  General  Assembly  shall  direct  bylaw  how  persons  who 
are  now,  or  may  hereafter  become  sureties  for  public  officers,  may  be 
discharged  from  such  suretyship. 

106.  No  power  of  suspending  the  laws  of  this  State  shall  be  ex- 
ercised, unless  by  the  Legislature  or  by  its  authority. 

107.  Prosecutions  shall  be  by  indictment,  or  information.  The 
accused  shall  have  a  speedy  public  trial  by  an  impartial  jury  of 
the  vicinage :  he  shall  not  be  compelled  to  give  evidence  against 
himself:  he  shall  have  the  right  of  being  heard  by  himself  or  coun- 
sel :  he  shall  have  the  right,  unless  he  shall  have  fled  from  justice, 
of  meeting  the  witnesses  face  to  face,  and  shall  have  compulsory 
process  for  obtaining  witnesses  in  his  favor. 

108.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  where  the  proof  is  evident,  or  presumption  great ; 


354  CONSTITUTION    OF 


and  the  privilege  of  the  .writ  of  habeas  corpus  shall  not  be  suspend- 
ed, unless  when  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

109.  '^o  ex  post  facto  law,  nor  any  law  impairing  the  obligation 
of  contracts,  shall  be  passed,  nor  vested  rights  be  divested,  unless 
for  purposes  of  public  utility,  and  for  adequate  compensation  pre- 
viously made. 

110.  The  press  shall  be  free.  Every  citizen  may  freely  speak, 
write,  and  publish  his  sentiments  on  all  subjects,  being  responsible 
for  an  abuse  of  this  liberty. 

111.  Emigration  from  the  State  shall  not  be  prohibited. 

112.  The  Greneral  Assembly,  which  shall  meet  after  the  first 
election  of  representatives  under  this  Constitution,  shall,  within  the 
first  month  after  the  commencement  of  the  session,  designate  and 
fix  the  seat  of  government  at  some  place  not  less  than  sixty  miles 
from  the  city  of  New  Orleans,  by  the  nearest  traveling  route,  and 
if  on  the  Mississippi  river,  by  the  meanders  of  the  same ;  and  when 
so  fixed,  it  shall  not  be  removed  without  the  consent  of  four-fifths 
of  the  members  of  both  houses  of  the  General  Assembly.  The  ses- 
sions shall  be  held  in  New  Orleans  until  the  end  of  the  year  1848. 

113.  The  Legislature  shall  not  pledge  the  faith  of  the  State  for 
the  payment  of  any  bonds,  bills,  or  other  contracts  or  obligations 
for  the  benefit  or  use  of  any  person  or  persons,  corporation,  or  body 
politic  whatever.  But  the  State  shall  have  the  right  to  issue  new 
bonds  in  payment  of  its  outstanding  obligations  or  liabilities,  whether 
due  or  not :  the  said  new  bonds,  however,  are  not  to  be  issued  for  a 
larger  amount,  or  at  a  higher  rate  of  interest,  than  the  original  obliga- 
tions they  are  intended  to  replace. 

114.  The  aggregate  amount  of  debts  hereafter  contracted  by  the 
Legislature,  shall  never  exceed  the  sum  of  one  hundred  thousand 
dollars,  except  in  the  case  of  war,  to  repel  invasions,  or  suppress  in- 
surrections, unless  the  same  be  authorized  by  some  law,  for  some 
single  object  or  work,  to  be  distinctly  specified  therein  ;  which  law 
shall  provide  ways  and  means,  by  taxation,  for  the  payment  of  run- 
ning interest  during  the  whole  time  for  which  said  debt  shall  be  con- 
tracted, and  for  the  full  and  punctual  discharge  at  maturity  of  the 
capital  borrowed ;  and  said  law  shall  be  irrepealable  until  principal 
and  interest  are  fully  paid  and  discharged,  and  shall  not  be  put  into 
execution  until  after  its  enactment  by  the  first  Legislature  returned 
by  a  general  election  after  its  passage. 

115.  The  Legislature  shall  provide  by  law  for  a  change  of  venue 
in  civil  and  criminal  cases. 

116.  No  lottery  shall  be  authorized  by  this  State,  and  the  buying 
or  selling  of  lottery  tickets  within  the  State  is  prohibited. 

117.  No  divorce  shall  be  granted  by  the  Legislature. 

118.  Every  law  enacted  by  the  Legislature  shall  embrace  but  one 
object,  and  that  shall  be  expressed  in  the  title. 

119.  No  law  shall  be  revised  or  amended  by  reference  to  its  title; 


i 

LOUISIANA.  355 


but  in  such  case,  the  act  revised,  or  section  amended,  shall  be  re- 
enacted  and  published  at  length. 

120.  The  Legislature  shall  never  adopt  any  system  or  code  of 
laws  by  general  reference  to  such  system  or  code  of  laws,  but  in  all 
cases  shall  specify  the  several  provisions  of  the  laws  it  may  enact. 

121.  The  State  shall  not  become  subscriber  to  the  stock  of  any 
corporation  or  joint  stock  company. 

122.  No  corporate  body  shall  be  hereafter  created,  renewed,  or  ex- 
tended, with  banking  or  discounting  privileges. 

123.  Corporations  shall  not  be  created  in  this  State  by  special 
laws,  except  for  political  or  municipal  purposes,  but  the  Legislature 
shall  provide,  by  general  laws,  for  the  organization  of  all  other  cor- 
porations, except  corporations  with  banking  or  discounting  privileges, 
the  creation  of  which  is  prohibited. 

124.  From  and  after  the  month  of  January,  1890,  the  Legislature 
shall  have  the  power  to  revoke  the  charters  of  all  corporations  whose 
charters  shall  not  have  expired  previous  to  that  time,  and  no  cor- 
porations hereafter  to  be  created  shall  ever  endure  for  a  longer  term 
than  twenty-five  years,  except  those  which  are  political  or  municipal. 

125.  The  Greneral  Assembly  shall  never  grant  any  exclusive  privi- 
lege or  monopoly  for  a  longer  period  than  twenty  years. 

126.  No  person  shall  hold  or  exercise,  at  the  same  time,  more 
than  one  civil  office  of  emolument,  except  that  of  justice  of  the 
peace. 

127.  Taxation  shall  be  equal  and  uniform  throughout  the  State. 
After  the  year  1848,  all  property  on  which  taxes  may  be  levied  in 
this  State,  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained 
as  directed  by  law.  No  one  species  of  property  shall  be  taxed  higer 
than  another  species  of  property  of  equal  value,  on  which  taxes  shall 
be  levied ;  the  Legislature  shall  have  power  to  levy  an  income  tax, 
and  to  tax  all  persons  pursuing  any  occupation,  trade  or  profes- 
sion. 

128.  The  citizens  of  the  city  of  New  Orleans  shall  have  the  right 
of  appointing  the  several  public  officers  necessary  for  the  adminis- 
tration of  the  police  of  the  said  city,  pursuant  to  the  mode  of  elec- 
tions which  shall  be  prescribed  by  the  Legislature ;  provided,  that 
the  mayor  and  recorders  shall  be  ineligible  to  a  seat  in  the  Greneral 
Assembly ;  and  the  mayor,  recorders,  and  aldermen  shall  be  com- 
missioned by  the  Governor  as  justices  of  the  peace,  and  the  Legis- 
lature may  vest  in  them  such  criminal  jurisdiction  as  may  be  neces- 
sary for  the  punishment  of  minor  crimes  and  offences,  and  as  the 
police  and  good  order  of  said  city  may  require. 

129.  The  Legislature  may  provide  by  law  in  what  cases  officers 
shall  continue  to  perform  the  duties  of  their  offices  until  their  suc- 
cessors shall  have  been  inducted  into  office. 

130.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of  this 
Constitution,  fight  a  duel  with  deadly  weapons,  with  a  citizen  of  this 
State,  or  send  or  accept  a  challenge  to  fight  a  duel  with  deadly 


356  CONSTITUTION    OF 


weapons,  either  within  this  State  or  out  of  it,  with  a  citizen  of  this 
State,  or  who  shall  act  as  second,  or  knowingly  aid  or  assist  in  any 
manner,  those  thus  offending,  shall  be  deprived  of  holding  any  of- 
fice of  profit,  and  of  enjoying  the  right  of  suffrage  under  this  Con- 
stitution. 

131.  The  Legislature  shall  have  power  to  extend  this  Constitu- 
tion, and  the  jurisdiction  of  this  State  over  any  territory  acquired 
by  compact  with  any  state,  or  with  the  United  States,  the  same 
being  done  by  the  consent  of  the  United  States. 

132.  The  Constitution  and  laws  of  this  State  shall  be  promulgat- 
ed in  the  English  and  French  languages. 

TITLE   \ll.—PvMic  Education. 

Art.  133.  There  shall  be  appointed  a  superintendent  of  public 
education,  who  shall  hold  his  office  for  two  years.  His  duties  shall 
be  prescribed  by  law.  He  shall  receive  such  compensation  as  the 
Legislature  may  direct. 

134.  The  Legislature  shall  establish  free  public  schools  through- 
out the  State,  and  shall  provide  means  for  their  support  by  taxation 
on  property,  or  otherwise. 

135.  The  proceeds  of  all  lands  heretofore  granted  by  the  Uniteo 
States  to  this  State  for  the  use  or  support  of  schools,  and  of  all  lands 
which  may  hereafter  be  granted  or  bequeathed  to  the  State,  and  not 
expressly  granted  or  bequeathed  for  any  other  purpose,  which  here- 
after may  be  disposed  of  by  the  State,  and  the  proceeds  of  the  es- 
tates of  deceased  persons  to  which  the  State  may  become  entitled 
by  law,  shall  be  held  by  the  State  as  a  loan,  and  shall  be  and  remain 
a  perpetual  fund,  on  which  the  State  shall  pay  an  annual  interest 
of  six  per  cent. ;  which  interest,  together  with  all  the  rents  of  the 
unsold  lands,  shall  be  appropriated  to  the  support  of  such  schools, 
and  this  appropriation  shall  remain  inviolable. 

136.  All  moneys  arising  from  the  sales  which  have  been  or  may 
hereafter  be  made  of  any  lands  heretofore  granted  by  the  United 
States  to  this  State,  for  the  use  of  a  seminary  of  learning,  and  from 
any  kind  of  donation  that  may  hereafter  be  made  for  that  purpose, 
shall  be  and  remain  a  perpetual  fund,  the  interest  of  which,  at  six 
per  cent,  per  annum,  shall  be  appropriated  to  the  support  of  a  semi- 
nary of  learning  for  the  promotion  of  literature  and  the  arts  and 
sciences,  and  no  law  shall  ever  be  made  diverting  said  fund  to  any 
other  use  than  to  the  establishment  and  improvement  of  said  semi- 
nary of  learning. 

137.  An  university  shall  be  established  in  the  city  of  New  Or- 
leans. It  shall  be  composed  of  four  faculties,  to  wit:  one  of  law, 
one  of  medicine,  one  of  the  natural  sciences,  and  one  of  letters. 

138.  It  shall  be  called  the  "  University  of  Louisiana,"  and  the 
Medical  College  of  Louisiana,  as  at  present  organized,  shall  consti- 
tute the  faculty  of  medicine. 


LOUISIANA.  357 


139.  The  Legislature  shall  provide  by  law  for  its  further  organi- 
zation and  government,  but  shall  be  under  no  obligation  to  contribute 
to  the  establishment  or  support  of  said  University  by  appropriations. 

TITLE  VIIL 

Mode  of  Revising  the  Constitution. 

Art.  140.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  or  House  of  Representatives,  and  if 
the  same  shall  be  agreed  to  by  three-fifths  of  the  members  elected 
to  each  house,  and  approved  by  the  Governor,  such  proposed  amend- 
ment or  amendments  shall  be  entered  on  their  journals  with  the 
yeas  and  nays  taken  thereon,  and  the  Secretary  of  State  shall  cause 
the  same  to  be  published,  three  months  before  the  next  general  elec- 
tion, in  at  least  one  newspaper  in  French  and  English,  in  every  par- 
ish in  the  State  in  which  a  newspaper  shall  be  published ;  and  if 
in  the  Legislature  next  afterwards  chosen,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  the  mem- 
bers elected  to  each  house,  the  Secretary  of  State  shall  cause  the 
same  again  to  be  published  in  the  manner  aforesaid,  at  least  three 
months  previous  to  the  next  general  election  for  representatives  to 
the  State  Legislature,  and  such  proposed  amendment  or  amendments 
shall  be  submitted  to  the  people  at  said  election ;  and  if  a  majority 
of  the  qualified  electors  shall  approve  and  ratify  such  amendment  or 
amendments,  the  same  shall  become  a  part  of  the  Constitution  ;  -if 
more  than  one  amendment  be  submitted  at  a  time,  they  shall .  be 
submitted  in  such  manner  and  form  that  the  people  may  vote  for  or 
against  each  amendment  separately. 


TENNESSEE. 


This  State  was  originally  included  in  the  charter  of  North  Carolina.  The 
Territory  was  ceded  to  the  United  States  in  1790,  and  a  territoriargovern- 
ment  was  formed,  called  the  Territory  south-west  of  the  Ohio  river.  In  1796, 
it  was  admitted  into  the  union  as  a  State.  Its  Constitution,  which  was  then 
adopted,  was  revised  and  amended  in  1835. 

Area,  45,600  sq.  m.  Pop.  in  18-50, 1,002,62.')  of  whom  2^0, 161  were  slaves,  and 
6,271  free  blacks. 

CONSTITUTION. 

AKTICLE  I.— Declaration  of  Rights. 

Sec.  1.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  happiness ;  for  the  advancement  of  those  ends, 
they  have,  at  all  times,  an  inalienable  and  indefeasible  right  to  al- 
ter, reform  or  abolish  the  government  in  such  manner  as  they  may 
think  proper. 

2.  That  government  being  instituted  for  the  common  benefit, 
the  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
sion, is  absurd,  slavish,  and  destructive  to  the  good  and  happiness 
of  mankind. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience  ; 


TENNESSEE.  359 


that  no  man  can,  of  right,  be  compelled  to  attend,  erect,  or  support 
any  place  of  worship,  or  to  maintain  any  minister  against  his  con- 
sent ;  that  no  human  authority  can,  in  any  case  whatever,  control  or 
interfere  with  the  rights  of  conscience  ;  and  that  no  preference  shall 
ever  be  given,  by  law,  to  any  religious  establishment  or  mode  of 
worship. 

4.  That  no  religious  test  shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  this  State. 

5.  That  elections  shall  be  free  and  equal. 

6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

7.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  searches  and  seizures ;  and  that 
general  warrants,  whereby  an  officer  may  be  commanded  to  search 
suspected  places,  without  evidence  of  the  fact  committed,  or  to  seize 
any  person  or  persons  not  named,  whose  offences  are  not  particular- 
ly described  and  supported  by  evidence,  are  dangerous  to  liberty, 
and  ought  not  to  be  granted. 

8.  That  no  free  man  shall  be  taken  or  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any 
manner  destroyed  or  deprived  of  his  life,  liberty,  or  property,  but 
by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to 
be  heard  by  himself  and  his  counsel ;  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof ;  to 
meet  the  witnesses  face  to  face ;  to  have  compulsory  process  for  ob- 
taining witnesses  in  his  favor ;  and  in  prosecutions  by  indictment 
or  presentment,  a  speedy  public  trial,  by  an  impartial  jury  of  the 
county  or  district  in  which  the  crime  shall  have  been  committed  : 
and  shall  not  be  compelled  to  give  evidence  against  himself 

10.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  life  or  limb. 

1 1 .  That  laws  made  for  the  punishment  of  facts  committed  pre- 
vious to  the  existence  of  such  laws,  and  by  them  only  declared  crim- 
inal, are  contrary  to  the  principles  of  a  free  government ;  wherefore 
no  ex  post  facto  law  shall  be  made. 

12.  That  no  conviction  shall  work  corruption  of  blood  or  forfeit- 
ure of  estate.  The  estate  of  such  persons  as  shall  destroy  their  own 
lives  shall  descend  or  vest  as  in  case  of  natural  death.  If  any  per- 
son be  killed  by  casualty,  there  shall  be  no  forfeiture  in  consequence 
thereof 

13.  That  no  person  arrested  or  confined  in  jail,  shall  be  treated 
with  unnecessary  rigor. 

1 4.  That  no  freeman  shall  be  put  to  answer  any  criminal  charge 
but  by  presentment,  indictment,  or  impeachment. 

15.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  un- 
less for  capital  offences,  when  the  proof  is  evident  or  the  presumption 
great.     And  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 

26 


360  .  CONSTITUTION    OP 


suspended,  unless  when  in  case  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

16.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

17.  That  all  courts  shall  be  open ;  and  every  man,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  rem- 
edy by  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay.  Suits  may  be  brought  against  the  State  in 
such  manner,  and  in  such  courts,  as  the  Legislature  may,  by  law, 
direct. 

18.  That  the  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering 
up  his  estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  man- 
ner as  shall  be  prescribed  by  law. 

19.  That  the  printing  presses  shall  be  free  to  every  person  who 
undertakes  to  -examine  the  proceedings  of  the  Legislature,  or  of  any 
branch  or  officer  of  government ;  and  no  law  shall  ever  be  made  to 
restrain  the  right  thereof  The  free  communication  of  thoughts  and 
opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen 
may  freely  speak,  write,  and  print  on  any  subject,  being  responsible 
for  the  abuse  of  that  liberty.  But  in  prosecutions  for  the  publica- 
tion of  papers  investigating  the  official  conduct  of  officers  or  men  in 
public  capacity,  the  truth  thereof  may  be  given  in  evidence ;  and  in 
all  indictments  for  libels,  the  jury  shall  have  a  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court,  as  in  other 
criminal  cases. 

20.  That  no  retrospective  law,  or  law  impairing  the  obligation  of 
contracts,  shall  be  made. 

21.  That  no  man's  particular  services  shall  be  demanded,  or  prop- 
erty taken,  or  applied  to  public  use,  without  the  consent  of  his  rep- 
resentatives, or  without  just  compensation  being  made  therefor. 

22.  That  perpetuities  and  monopolies  are  contrary  to  the  genius 
of  a  free  State,  and  shall  not  be  allowed. 

23.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  as- 
semble together,  for  their  common  good,  to  instruct  their  represent- 
atives, and  to  apply  to  those  invested  with  the  powers  of  government 
for  redress  of  grievances  or  other  proper  purposes,  by  address  or 
remonstrance. 

24.  That  the  sure  and  certain  defense  of  a  free  people  is  a  well 
regulated  militia :  and,  as  standing  armies  in  time  of  peace  are  danger- 
ous to  freedom,  they  ought  to  be  avoided,  as  far  as  the  circumstances 
and  safety  of  the  community  will  admit ;  and  that  in  all  cases  the 
military  shall  be  kept  in  strict  subordination  to  the  civil  authority. 

25.  That  no  citizen  of  this  State,  except  such  as  are  employed  in 
the  army  of  the  United  States,  or  militia  in  actual  service,  shall  be 
subjected  to  corporeal  punishment  under  the  martial  law. 

26.  That  the  free  white  men  of  this  State  have  a  right  to  keep 
and  to  bear  ra-nis  for  their  common  defense. 


TENNESSEE.  .  361 


27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in 
a  manner  prescribed  by  law. 

28.  That  no  citizen  of  this  State  shall  be  compelled  to  bear  arms, 
provided  he  will  pay  an  equivalent,  to  be  ascertained  by  law. 

29.  That  an  equal  participation  of  the  free  navigation  of  the  Mis- 
sissippi, is  one  of  the  inherent  rights  of  the  citizens  of  this  State : 
it  cannot,  therefore,  be  conceded  to  any  prince,  potentate,  power, 
person  or  persons  whatever. 

30.  That  no  hereditary  emoluments,  privileges,  or  honors,  shall 
ever  be  granted  or  conferred  in  this  State. 

31.  That  the  limits  and  boundaries  of  this  State  be  ascertained, 
it  is  declared  they  are  as  hereafter  mentioned,  that  is  to  say  :  Be- 
ginning on  the  extreme  height  of  the  Stone  mountain,  at  the  place 
where  the  line  of  Virginia  intersects  it,  in  latitude  thirty-six  degrees 
and  thirty  minutes  north  ;  running  thence  along  the  extreme  height 
of  the  said  mountain  to  the  place  where  Watauga  river  breaks 
through  it ;  thence  a  direct  course  to  the  top  of  the  Yellow  moun- 
tain, where  Bright's  road  crosses  the  same  ;  thence  along  the  ridge 
of  said  mountain  between  the  waters  of  Doe  river  and  the  waters  of 
Rock  creek,  to  the  place  where  the  road  crosses  the  Iron  mountain : 
from  thence  along  the  extreme  height  of  said  mountain,  to  the  place 
where  Nolichucky  river  runs  through  the  same :  thence  to  the  top  of 
the  Bald  mountain ;  thence  along  the  extreme  height  of  said  moun- 
tain, to  the  Painted  Rock,  on  French  Broad  river ;  thence  along  the 
highest  ridge  of  said  mountain,  to  the  place  where  it  is  called  the 
Great  Iron  or  Smoky  mountain  ;  thence  along  the  extreme  height 
of  said  mountain,  to  the  place  where  it  is  called  Unicoi  or  Unaka 
mountain,  between  the  Indian  towns  of  Cowee  and  Old  Chota;  thence 
along  the  main  ridge  of  the  said  mountain,  to  the  southern  boundary 
of  this  State,  as  described  in  the  act  of  cession  of  North  Carolina  to 
the  United  States  of  America :  and  that  all  the  territory,  lands,  and 
waters  lying  west  of  the  said  line,  as  before  mentioned,  and  contained 
within  the  chartered  limits  of  the  State  of  North  Carolina,  are  within 
the  boundaries  and  limits  of  this  State,  over  which  the  people  have 
the  right  of  exercising  sovereignty  and  the  right  of  soil,  so  far  as  is 
consistent  with  the  Constitution  of  the  United  States,  recognizing 
the  articles  of  confederation,  the  bill  of  rights,  and  Constitution  of 
North  Carolina,  the  cession  act  of  the  said  State,  and  the  ordinance 
of  Congress  for  the  government  of  the  territory  north-west  of  the 
Ohio  :  provided^  nothing  herein  contained  shall  extend  to  affect  the 
claim  or  claims  of  individuals,  to  any  part  of  the  soil  which  is  recog- 
nized to  them  by  the  aforesaid  cession  act :  and  provided  also,  that 
the  limits  and  jurisdiction  of  this  State  shall  extend  to  any  other 
land  and  territory  now  acquired,  or  that  may  hereafter  be  acquired 
by  compact  or  agreement  with  other  States  or  otherwise,  although 
such  land  and  territory  are  not  included  within  the  boundaries  here 
inbefore  mentioned. 


362  CONSTITUTION    OP 


32.  The  people  residing  south  of  French  Broad  and  Holston,  be- 
tween the  rivers  Tennessee  and  Big  Pigeon,  are  entitled  to  the 
right  of  preemption  and  occupancy  in  that  tract. 

ARTICLE  II. 

Sec.  1.  The  powers  of  the  government  shall  be  divided  into  three 
distinct  departments  ;  the  legislative,  executive  and  judicial. 

2.  No  person  or  persons  belonging  to  one  of  these  departments 
shall  exercise  any  of  the  powers  properly  belonging  to  either  of  the 
others,  except  in  the  cases  herein  directed  or  permitted. 

3.  The  legislative  authority  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  dependent  on  the  people. 

4.  An  enumeration  of  the  qualified  voters  and  an  apportionment 
of  the  representatives  in  the  Greneral  Assembly,  shall  be  made  in 
the  year  one  thousand  eight  hundred  and  forty-one,  and  within 
every  subsequent  term  of  ten  years. 

5.  The  number  of  representatives  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  counties 
or  districts  according  to  the  number  of  qualified  voters  in  each  ;  and 
shall  not  exceed  seventy-five,  until  the  population  of  the  State  shall 
be  one  million  and  a-half ;  and  shall  never  thereafter  exceed  ninety- 
nine  ;  provided^  that  any  county  having  two-thirds  of  the  ratio,  shall 
be  entitled  to  one  member. 

6.  The  number  of  senators  shall,  at  the  several  periods  of  making 
the  enumeration,  be  apportioned  among  the  several  counties  or  dis- 
tricts, according  to  the  number  of  qualified  electors  in  each,  and 
shall  not  exceed  one-third  the  number  of  representatives.  In  appor- 
tioning the  senators  among  the  different  counties,  the  fraction  that 
may  be  lost  by  any  county  or  counties,  in  the  apportionment  of 
members  to  the  House  of  Representatives,  shall  be  made  up  to  such 
county  or  counties  in  the  Senate  as  near  as  may  be  practicable. 
When  a  district  is  composed  of  two  or  more  counties,  they  shall  be 
adjoining ;  and  no  county  shall  be  divided  in  forming  a  district. 

7.  The  first  election  for  senators  and  representatives  shall  be  held 
on  the  first  Thursday  in  August,  one  thousand  eight  hundred  and 
thirty-five ;  and  forever  thereafter,  elections  for  members  of  the 
General  Assembly  shall  be  held  once  in  two  years,  on  the  first 
Thursday  in  August ;  said  elections  shall  terminate  the  same  day. 

8.  The  first  session  of  the  General  Assembly  shall  commence  on 
the  first  Monday  in  October,  one  thousand  eight  hundred  and  thirty- 
five  ;  and  forever  thereafter,  the  General  Assembly  shall  meet  on 
the  first  Monday  in  October  next  ensuing  the  election. 

9.  No  person  shall  be  a  representative,  unless  he  shall  be  a  citizen 
of  the  United  States  of  the  age  of  twenty-one  years,  and  shall  have 
been  a  citizen  of  this  State  for  three  years,  and  a  resident  in  the 
county  he  represents  one  year  immediately  preceding  the  election. 


TENNESSEE  363 

10.  No  person  shall  be  a  senator  unless  he  shall  be  a  citizen  of 
the  United  States,  of  the  age  of  thirty  years,  and  shall  have  resided 
three  years  in  this  State,  and  one  year  in  the  county  or  district, 
immediately  preceding  the  election.  No  senator  or  representative 
shall,  during  the  time  for  which  he  was  elected,  be  eligible  to  any 
office  or  place  of  trust,  the  appointment  to  which  is  vested  in  the 
executive  or  the  Greneral  Assembly,  except  to  the  office  of  trustee 
of  a  literary  institution. 

11.  The  Senate  and  House  of  Representatives,  when  assembled, 
shall  each  choose  a  speaker  and  its  other  officers,  be  judges  of  the 
qualifications  and  election  of  its  members,  and  sit  upon  its  own 
adjournments  from  day  to  day.  Two-thirds  of  each  house  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  by  law  to  compel  the  at- 
tendance of  absent  members. 

12.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and,  with  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
offence ;  and  shall  have  all  other  powers  necessary  for  a  branch  of 
the  Legislature  of  a  free  State. 

13.  Senators  and  representatives  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  Greneral  Assembly,  and  in  going  to  and  returning 
from  the  same ;  and,  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

14.  Each  house  may  punish  by  imprisonment,  during  its  session, 
any  person  not  a  member,  who  shall  be  guilty  of  disrespect  to  the 
house,  by  any  disorderly  or  contemptuous  behavior  in  its  presence. 

15.  When  vacancies  happen  in  either  house,  the  Governor  for  the 
time  being  shall  issue  writs  of  election  to  fill  such  vacancies. 

16.  Neither  house  shall,  during  its  session,  adjourn  without  con- 
sent of  the  other  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

17.  Bills  may  originate  in  either  house,  but  may  be  amended, 
altered,  or  rejected  by  the  other. 

18.  Every  bill  shall  be  read  once  on  three  different  days,  and  be 
passed  each  time  in  the  house  where  it  originated,  before  transmis- 
sion to  the  other.  No  bill  shall  become  a  law,  until  it  shall  be  read 
and  passed  on  three  different  days  in  each  house,  and  be  signed  by 
the  respective  speakers. 

19.  After  a  bill  has  been  rejected,  no  bill  containing  the  same 
substance  shall  be  passed  into  a  law  during  the  same  session. 

20.  The  style  of  the  laws  of  this  State  shall  be,  "  Be  it  enacted 
hy  the  General  Assembly  of  the  State  of  Tennessee V 

21.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish it,  except  such  parts  as  the  welfare  of  the  State  may  require  to 
be  kept  secret ;  the  ayes  and  noes  shall  be  taken  in  each  house 
upon  the  final  passage  of  every  bill  of  a  general  character,  and  bills 


364  CONSTITUTION    OF 


making  appropriations  of  public  moneys  :  and  the  ayes  and  noes  of 
the  members  on  any  question  shall,  at  the  request  of  any  two  of  them, 
be  entered  on  the  journal. 

22.  The  doors  of  each  house  and  of  committees  of  the  whole  shall 
be  kept  open,  unless  when  the  business  shall  be  such  as  ought  to  be 
kept  secret. 

23.  The  sum  of  four  dollars  per  day,  and  four  dollars  for  every 
twenty-five  miles  traveling  to  and  from  the  seat  of  government, 
shall  be  allowed  to  the  members  of  the  first  General  Assembly,  as  a 
compensation  for  their  services.  The  compensation  of  the  members 
of  the  succeeding  legislature  shall  be  ascertained  by  law ;  but  no  law 
increasing  the  compensation  of  the  members  shall  take  effect  until 
the  commencement  of  the  next  regular  session  after  such  law  shall 
ha"ve  been  enacted. 

24.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law :  and  an  accurate  statement 
of  the  receipts  and  expenditures  of  the  public  money  shall  be  attached 
to  and  published  with  the  laws  at  the  rise  of  each  stated  session  of 
the  General  Assembly. 

25.  No  person,  who  heretofore  hath  been,  or  may  hereafter  be,  a 
collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either  house 
of  the  General  Assembly,  until  such  person  shall  have  accounted  for 
and  paid  into  the  treasury,  all  sums  for  which  he  may  be  accounta- 
ble or  liable. 

26.  No  judge  of  any  court  of  law  or  equity.  Secretary  of  State,  At- 
torney-General, register,  clerk  of  any  court  of  record,  or  person 
holding  any  ofiice  under  the  authority  of  the  United  States,  shall 
have  a  seat  in  the  General  Assembly  ;  nor  shall  any  person  in  this 
State  hold  more  than  one  lucrative  office  at  the  same  time :  Provided^ 
that  no  appointment  in  the  militia,  or  to  the  office  of  justice  of  the 
peace,  shall  be  considered  a  lucrative  office,  or  operate  as  a  disqual- 
ification to  a  seat  in  either  house  of  the  General  Assembly. 

27.  Any  member  of  either  house  of  the  General  Assembly  shall 
have  liberty  to  dissent  from,  and  protest  against,  any  act  or  resolve 
which  he  may  think  injurious  to  the  public  or  to  any  individual, 
and  to  have  the  reasons  for  his  dissent  entered  on  the  journals. 

28.  All  lands  liable  to  taxation,  held  by  deed,  grant,  or  entry, 
town  lots,  bank  stock,  slaves  between  the  ages  of  twelve  and  fifty 
years,  and  such  other  property  as  the  Legislature  may  from  time  to 
time  deem  expedient,  shall  be  taxable.  All  property  shall  be  taxed 
according  to  its  value  ;  that  value  to  be  ascertained  in  such  manner 
as  the  Legislature  shall  direct,  so  that  the  same  shall  be  equal  and 
uniform  throughout  the  State.  '  No  one  species  of  property  from 
which  a  tax  may  be  collected  shall  be  taxed  higher  than  any  other 
species  of  property  of  equal  value.  But  the  Legislature  shall  have 
power  to  tax  merchants,  pedlars,  and  privileges,  in  such  manner  as 
they  may.  from  time  to  time,  direct.     A  tax  on  white  polls  shall  be 


TENNESSEE.  365 

laid,  in  such  manner  and  of  such  an  amount,  as  may  be  prescribed 
by  law. 

29.  The  General  Assembly  shall  have  power  to  authorize  the  sev- 
eral counties  and  incorporated  towns  in  this  State,  to  impose  taxes 
for  county  and  corporation  purposes  respectively,  in  such  manner  as 
shall  be  prescribed  by  law ;  and  all  property  shall  be  taxed  accord- 
ing to  its  value,  upon  the  principles  established  in  regard  to  State 
taxation. 

30.  No  article  manufactured  of  the  produce  of  this  State  shall  be 
taxed  otherwise  than  to  pay  inspection  fees. 

3 1 .  The  Greneral  Assembly  shall  have  no  power  to  pass  laws  for 
the  emancipation  of  slaves,  without  the  consent  of  their  owner  or 
owners. 

ARTICLE  III. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  Governor. 

2.  The  Governor  shall  be  chosen  by  the  electors  of  the  members 
of  the  General  Assembly,  at  the  times  and  places  where  they  shall 
respectively  vote  for  the  members  thereof  The  returns  of  every 
election  for  Governor  shall  be  sealed  up,  and  transmitted  to  the  seat 
of  government,  by  the  returning  officers,  directed  to  the  Speaker  of 
the  Senate,  who  shall  open  and  publish  them  in  the  presence  of  a 
majority  of  the  members  of  each  house  of  the  General  Assembly. 
The  person  having  the  highest  number  of  votes  shall  be  Governor ; 
but  if  two  or  more  shall  be  equal,  and  highest  in  votes,  one  of  them 
shall  be  chosen  Governor  by  joint  vote  of  both  houses  of  the  Gene- 
ral Assembly.  Contested  elections  for  Governor  shall  be  determin- 
ed by  both  houses  of  the  General  Assembly,  in  such  manner  as  shall 
be  prescribed  by  law. 

3.  He  shall  be  at  least  thirty  years  of  age,  shall  be  a  citizen  of  the 
United  States,  and  shall  have  been  a  citizen  of  this  State  seven  years 
next  before  his  election. 

4.  The  Governor  shall  hold  his  office  for  two  years,  and  until  his 
successor  shall  be  elected  and  qualified.  He  shall  not  be  eligible 
more  than  six  years  in  any  term  of  eight. 

5.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

6.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  con- 
viction, except  in  cases  of  impeachment. 

7.  He  shall,  at  stated  times,  receive  a  compensation  for  his  servi- 
ces, which  shall  not  be  increased  or  diminished  during  the  period  for 
which  he  shall  have  been  elected. 

8.  He  may  require  information  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

9.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 


366  CONSTITUTION    OF 


sembly  by  proclamation  ;  and  shall  state  to  them,  when  assembled, 
the  purposes  for  which  they  shall  have  been  convened ;  but  they  shall 
enter  on  no  legislative  business,  except  that  for  which  they  were 
specially  called  together. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  He  shall,  from  time  to  time,  give  to  the  (General  Assembly 
information  of  the  State  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  expedient. 

1 2.  In  case  of  the  removal  of  the  Grovernor  from  ofl&ce,  or  of  his 
death,  or  resignation,  the  powers  and  duties  of  the  office  shall  de- 
volve on  the  Speaker  of  the  Senate  ;  and  in  case  of  the  death,  re- 
moval from  office,  or  resignation  of  the  Speaker  of  the  Senate,  the 
powers  and  duties  of  the  office  shall  devolve  on  the  Speaker  of  the 
House  of  Representatives. 

13.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  this  State,  shall  execute  the  office  of  Governor. 

14.  When  any  officer,  the  right  of  whose  appointment  is  by  this 
Constitution  vested  in  the  General  Assembly,  shall,  during  the  re- 
^8ess,  die,  or  the  office,  by  the  expiration  of  the  term,  or  by  other 
means,  become  vacant,  the  Governor  shall  have  the  power  to  fill  such 
vacancy,  by  granting  a  temporary  commission,  whicli  shall  expire  at 
the  end  of  the  next  session  of  the  Legislature. 

15.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the 
Governor,  and  used  by  him  officially,  and  shall  be  called  the  Great 
Seal  of  the  State  of  Tennessee. 

46.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Tennessee,  be  sealed  with  the  State  Seal, 
and  signed  by  the  Governor. 

17.  A  Secretary  of  State  shall  be  appointed  by  joint  vote  of  the 
General  Assembly,  and  commissioned  during  the  term  of  four  years ; 
he  shall  keep  a  fair  register  of  all  the  official  acts  and  proceedings 
of  the  Governor ;  and  shall,  when  required,  lay  the  same,  and  all 
papers,  minutes,  and  vouchers  relative  thereto,  before  the  General 
Assembly ;  and  shall  perform  such  other  duties  as  shall  be  enjoined 


by  law. 


ARTICLE  IV. 


Sec.  1.  Every  free  white  man  of  the  age  of  twenty-one  years,  be- 
ing a  citizen  of  the  United  States,  and  a  citizen  of  the  county  wherein 
he  may  offer  his  vote  six  months  next  preceding  the  day  of  election, 
shall  be  entitled  to  vote  for  members  of  the  General  Assembly,  and 
other  civil  officers,  for  the  county  or  district  in  which  he  resides : 
provided^  that  no  person  shall  be  disqualified  from  voting  in  any 
'  election  on  account  of  color,  who  is  now,  by  the  laws  of  this  State,  a 
competent  witness  in  a  court  of  justice  against  a  white  man.  AH 
free  men  (f  color  shall  be  exempt  from  military  duty  in  time  of 
peace,  and  j'Jso  from  paying  a  free  poll  tax. 


TENNESSEE.  SGI 


2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage,  per- 
sons who  may  be  convicted  of  infamous  crimes. 

3.  Electors  shall  in  all  cases,  except  treason,  felony  or  breach  of 
the  peace,  be  privileged  from  arrest  or  summons  during  their  at- 
tendance at  elections,  and  in  going  to  and  returning  from  them. 

4.  In  all  elections  to  be  made  by  the  General  Assembly,  the  mem- 
bers thereof  shall  vote  viva  voce ;  and  their  votes  shall  be  entered 
on  the  journal.     All  other  elections  shall  be  by  ballot. 

ARTICLE  V. 

Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

2.  All  impeachments  shall  be  tried  by  the  Senate ;  when  sitting 
for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation.  No 
person  shaH  be  convicted  without  the  concurrence  of  two-thirds  of 
the  senators  sworn  to  try  the  officer  impeached. 

3.  The  House  of  Representatives  shall  elect,  from  their  own  body, 
three  members,  whose  duty  it  shall  be  to  prosecule  impeachments. 
No  impeachment  shall  be  tried  until  the  Legislature  shall  have  ad- 
journed siTie  die,  when  the  Senate  shall  proceed  to  try  such  im- 
peachment. 

4.  The  Governor,  judges  of  the  Supreme  Court,  judges  of  inferior 
courts,  chancellors,  attorneys  for  the  State,  and  Secretary  of  State, 
shall  be  liable  to  impeachment,  whenever  they  may,  in  the  opinion 
of  the  House  of  Representatives,  commit  any  crime  in  their  official 
capacity,  which  may  require  disqualification  ;  but  judgment  shall 
only  extend  to  removal  from  office,  and  disqualification  to  fill  any 
office  thereafter.  The  party  shall,  nevertheless,  be  liable  to  indict- 
ment, trial,  judgment,  and  punishment,  according  to  law. 

5.  Justices  of  the  peace,  and  other  civil  officers,  not  hereinbefore 
mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be  liable  to 
indictment  in  such  courts  as  the  Legislature  may  direct ;  and  upon 
conviction,  shall  be  removted  from  office,  by  said  court,  as  if  found 
guilty  on  impeachment ;  and  shall  be  subject  to  such  other  punish- 
ment as  may  be  prescribed  by  law. 

ARTICLE  YI. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  one 
Supreme  Court,  in  such  inferior  courts  as  the  Legislature  shall  from 
time  to  time  ordain  and  establish,  and  the  judges  thereof,  and  in  jus- 
tices of  the  peace.  The  Legislature  may  also  vest  such  jurisdiction 
ag  may  be  deemed  necessary  in  corporation  courts. 

2.  The  Supreme  Court  shall  be  composed  of  three  judges,  one  of 
whom  shall  reside  in  each  of  the  grand  divisions  of  the  State  :  the 
concurrence  of  two  of  said  judges  shall  in  every  case  be  necessary  to 
a  decision.  The  jurisdiction  of  this  Court  shall  be  appellate  only,  un- 
der such  restrictions  and  regulations  as  may  from  time  to  time  be 
prescribed  by  law ;  but  it  may  possess  such  other  jurisdiction  as  is 


4 


368  CONSTITUTION   OF 


now  conferred  by  law  on  the  present  Supreme  Court.  Said  courts 
shall  be  held  at  one  place,  and  at  one  place  only,  in  each  of  the  three 
grand  divisions  in  the  State. 

3.  The  General  Assembly  shall,  by  joint  vote  of  both  houses,  ap- 
point judges  of  the  several  courts  of  law  and  equity :  but  courts  may 
be  established  to  be  holden  by  justices  of  the  peace.  Judges  of  the 
Supreme  Court  shall  be  thirty-five  years  of  age,  and  shall  be  elected 
for  the  term  of  twelve  years. 

4.  The  judges  of  such  inferior  courts  as  the  Legislature  may  es- 
tablish, shall  be  thirty  years  of  age,  and  shall  be  elected  for  the  term 
of  eight  years. 

5.  The  Legislature  shall  elect  attorneys  for  the  State,  by  joint 
vote  of  both  houses  of  the  Greneral  Assembly,  who  shall  hold  their 
offices  for  the  term  of  six  years.  In  all  cases  where  an  attorney  for 
any  district  fails  or  refuses  to  attend,  and  prosecute  according  to 
law,  the  court  shall  have  power  to  appoint  an  attorney  pro  tempore. 

6.  Judges  and  attorneys  for  the  State,  may  be  removed  from  office 
by  a  concurrent  vote  of  both  houses  of  the  Greneral  Assembly,  each 
house  voting  separately  ;  but  two-thirds  of  all  the  members  elected 
to  each  house  must  concur  in  such  vote :  the  vote  shall  be  deter- 
mined by  ayes  and  noes,  and  the  names  of  the  members  voting  for 
or  against  the  judge  or  attorney  for  the  State,  together  with  the 
cause  or  causes  of  removal,  shall  be  entered  on  the  journals  of  each 
house  respectively.  The  judge  or  attorney  for  the  State,  against 
whom  the  Legislature  may  be  about  to  proceed,  shall  receive  notice 
thereof,  accompanied  with  a  copy  of  the  causes  alleged  for  his  remo- 
val, at  least  ten  *  days  before  the  day  on  which  either  house  of  the 
Greneral  Assembly  shall  act  thereupon. 

7.  The  judges  of  the  Supreme  and  inferior  courts,  shall,  at  stated 
times,  receive  a  compensation  for  their  services,  to  be  ascertained  by 
law,  which  shall  not  be  increased  or  diminished,  during  the  time  for 
which  they  are  elected.  They  shall  not  be  allowed  any  fees  or  per- 
quisites of  office,  nor  hold  any  other  office  of  trust  or  profit  under 
this  State  or  the  United  States. 

8.  The  jurisdiction  of  such  inferior  courts,  as  the  Legislature  may 
from  time  to  time  establish,  shall  be  regulated  by  law. 

9.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact, 
but  may  state  the  testimony  and  declare  the  law. 

10.  The  judges  or  justices  of  such  inferior  courts  of  law  as  the 
Legislature  may  establish,  shall  have  power,  in  all  civil  cases,  to  is- 
sue writs  of  certiorari  to  remove  any  cause  or  transcript  thereof,  from 
any  inferior  jurisdiction,  into  said  court,  on  sufficient  cause  supported 
by  oath  or  affirmation. 

11.  No  judge  of  the  Supreme  or  inferior  courts,  shall  preside  on 
the  trial  of  any  cause,  in  the  event  of  which  he  may  be  interested, 
or  where  either  of  the  parties  shall  be  connected  with  him  by  affini- 
ty or  consanguinity,  within  such  degrees  as  may  be  prescribed  by 
law,  or  in  which  he  may  have  been  of  counsel,  or  in  which  he  may 


TENNESSEE.  369 


have  presided  in  any  inferior  court,  except  by  consent  of  all  the  par- 
ties. In  case  all  or  any  of  the  judges  of  the  Supremo  Court  shall 
be  thus  disqualified  from  presiding  on  the  trial  of  any  cause  or  causes, 
the  court,  or  the  judges  thereof,  shall  certify  the  same  to  the  Gov- 
ernor of  the  State,  and  he  shall  forthwith  specially  commission  the 
requisite  number  of  men  of  law-knowledge,  for  the  trial  and  deter- 
mination thereof  In  case  of  sickness  of  any  of  the  judges  of  the 
Supreme  or  inferior  courts,  so  that  they  or  any  of  them  are  unable 
to  attend,  the  Legislature  shall  be  authorized  to  make  provision  by 
the  general  laws,  that  special  judges  may  be  appointed  to  attend 
said  courts. 

12.  All  writs  and  other  process  shall  run  in  the  name  of  the  State 
of  Tennessee  ;  and  bear  test,  and  be  signed  by  the  respective  clerks. 
Indictments  shall  conclude,  "  agai?isi  the  peace  arid  dignity  of  the 
State:' 

13.  Judges  of  the  Supreme  Court  shall  appoint  their  clerks,  who 
shall  hold  their  offices  for  the  period  of  six  years.  Chancellors  (if 
courts  of  chancery  shall  be  established,)  shall  appoint  their  clerks 
and  masters,  who  shall  hold  their  offices  for  the  period  of  six  years. 
Clerks  of  such  inferior  courts  as  may  be  hereafter  established,  which 
shall  be  required  to  be  holden  in  the  respective  counties  of  this  State, 
shall  be  elected  by  the  qualified  voters  thereof,  for  the  term  of  four 
years  ;  they  shall  be  removed  from  office  for  malfeasance,  incompeten- 
cy or  neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

14.  No  fine  shall  be  laid  on  any  citizen  of  this  State,  that  shall 
exceed  fifty  dollars ;  unless  it  shall  be  assessed  by  a  jury  of  his  peers, 
who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they  think 
the  fine  should  be  more  than  fifty  dollars. 

15.  The  different  counties  in  this  State  shall  be  laid  ofi"  as  the 
G-eneral  Assembly  may  direct,  into  districts  of  convenient  size,  so 
that  the  whole  number  in  each  county  shall  not  be  more  than  twenty- 
five,  or  four  for  every  hundred  square  miles.  There  shall  be  two 
justices  of  the  peace,  and  one  constable  elected  in  each  district,  by 
the  qualified  voters  therein,  except  districts  including  county  towns, 
which  shall  elect  three  justices  and  two  constables.  The  jurisdiction 
of  said  officers  shall  be  co-extensive  with  the  county.  Justices  of 
the  peace  shall  be  elected  for  the  term  of  six,  and  constables  for  the 
term  of  two  years.  Upon  the  removal  of  either  of  said  officers  from 
the  district  in  which  he  was  elected,  his  office  shall  become  vacant 
from  the  time  of  such  removal.  Justices  of  the  peace  shall  be  com- 
missioned by  the  Governor.  The  Legislature  shall  have  power  to 
provide  for  the  appointment  of  an  additional  number  of  justices  of 
the  peace  in  incorporated  towns. 

AETICLE  VIL 

Sec.  1.  There  shall  be  elected  in  each  county,  by  the  qualified 
voters  therein,  one  sheriff,  one  trustee,  and  one  register: ;  the  sheriff 
and  trustee  for  two  years,  and  the  register  for  four  years :  provided^ 


370  CONSTITUTION    OF 


that  no  person  shall  he  eligible  to  the  office  of  sheriff  more  than  six 
years  in  any  term  of  eight  years.  There  shall  be  elected  for  each 
county,  by  the  justices  of  the  peace,  one  coroner  and  one  ranger, 
who  shall  hold  their  offices  for  two  years.  Said  officers  shall  be  re- 
moved for  malfeasance,  or  neglect  of  duty,  in  such  manner  as  may 
be  prescribed  by  law. 

2.  Should  a  vacancy  occur  subsequent  to  an  election  in  the  office 
of  sheriff,  trustee,  or  register,  it  shall  be  filled  by  the  justices ;  if  in 
that  of  the  clerks  to  be  elected  by  the  people,  it  shall  be  filled  by 
the  courts ;  and  the  person  so  appointed  shall  continue  in  office  un- 
til his  successor  shall  be  elected  and  qualified ;  and  such  office  shall 
be  filled  by  the  qualified  voters  at  the  first  election  for  any  of  the 
county  officers. 

3.  There  shall  be  a  treasurer  or  treasurers  appointed  for  the  State, 
by  the  joint  vote  of  both  houses  of  the  Greneral  Assembly,  who 
shall  hold  his  or  their  offices  for  two  years. 

4.  The  election  of  all  officers,  and  the  filling  of  all  vacancies  that 
may  happen,  by  death,  resignation,  or  removal,  not  otherwise  direct- 
ed or  provided  for  by  this  Constitution,  shall  be  made  in  such  man- 
ner as  the  Legislature  shall  direct. 

5.  The  Legislature  shall  provide,  that  the  election  of  the  county 
and  other  officers  by  the  people,  shall  not  take  place  at  the  same 
time  that  the  general  elections  are  held  for  members  of  Congress, 
members  of  the  Legislature,  and  Grovernor.  The  elections  shall 
commence  and  terminate  on  the  same  day.  ^^ 

AKTICLE  VIIL 

Sec.  1.  All  militia  officers  shall  be  elected  by  persons  subject  to 
military  duty,  within  the  bounds  of  their  several  companies,  battal- 
ions, regiments,  brigades  and  divisions,  under  such  rules  and  regu- 
lations as  the  Legislature  may,  from  time  to  time,  direct  and  es- 
tablish. 

2.  The  GrOvernor  shall  appoint  the  adjutant-general  and  his  other 
staff-officers ;  the  majors-general,  brigadiers-general  and  command- 
ing officers  of  regiments,  shall  respectively  appoint  their  staff-officers. 

3.  The  Legislature  shall  pass  laws,  exempting  citizens"  belonging 
to  any  sect  or  denomination  of  religion,  the  tenets  of  which  are 
known  to  be  opposed  to  the  bearing  of  arms,  from  attending  private 
and  general  musters. 

ARTICLE  IX. 

Sec.  1.  Whereas,  ministers  of  the  gospel  are,  by  their  profession, 
dedicated  to  Grod  and  the  care  of  souls,  and  ought  not  to  be  diverted 
from  the  great  duties  of  their  functions ;  therefore  no  minister  of 
the  gospel  or  priest  of  any  denomination  whatever,  shall  be  eligible 
to  a  seat  in  either  house  of  the  Legislature. 

2.  No  person  who  denies  the  being  of  a  G  od,  or  a  future  state  of 


TENNESSEE.  371 


rewards  and  punishments,  shall  hold  any  office  in  the  civil  depart- 
ment of  this  State. 

3.  Any  person  who  shall,  after  the  adoption  of  this  Constitution, 
fight  a  duel,  or  knowingly  be  the  hearer  of  a  cliallenge  to  fight  a 
duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be  an  aider 
or  abettor  in  fighting  a  duel,  shall  be  deprived  of  the  right  to  hold 
any  office  of  honor  or  profit  in  this  State,  and  shall  be  punished 
otherwise,  in  such  manner  as  the  Legislature  may  prescribe. 

ARTICLE  X. 

Sec.  1.  Every  person  who  shall  be  chosen  or  appointed  to  any 
office  of  trust  or  profit,  under  this  Constitution,  or  any  law  made  in 
pursuance  thereof,  shall,  before  entering  on  the  duties  thereof,  take 
an  oath  to  support  the  Constitution  of  this  State,  and  of  the  United 
States,  and  an  oath  of  office. 

2.  Each  member  of  the  Senate  and  House  of  Representatives 
shall,  before  they  proceed  to  business,  take  an  oath  or  affirmation, 
to  support  the  Constitution  of  this  State,  and  of  the  United  States, 

and   also   the   following   oath :  '•  I, ,  do   solemnly  swear,  (or 

affirm,)  that,  as  a  member  of  this  Greneral  Assembly,  I  will,  in  all 
appointments,  vote  without  favor,  affection,  partiality,  or  prejudice  ; 
and  that  I  will  not  propose  or  assent  to  any  bill,  vote  or  resolution, 
which  shall  appear  to  me  injurious  to  the  people,  or  consent  to  any 
act  or  thing  whatever,  that  shall  have  a  tendency  to  lessen  or  abridge 
their  rights  and  privileges,  as  declared  by  the  Constitution  of  this 
State." 

3.  Any  elector  who  shall  receive  any  gift  or  reward  for  his  vote, 
in  meat,  drink,  money,  or  otherwise,  shall  suffer  such  punishment 
as  the  laws  shall  direct.  And  any  person  who  shall  directly  or  in- 
directly give,  promise,  or  bestow  any  such  reward  to  be  elected,  shall 
thereby  be  rendered  incapable,  for  six  years,  to  serve  in  the  office 
for  which  he  was  elected,  and  be  subject  to  such  further  punishment 
as  the  Legislature  shall  direct. 

4.  New  counties  may  be  established  by  the  Legislature,  to  consist 
of  not  less  than  three  hundred  and  fifty  square  miles,  and  which 
shall  contain  a  population  of  four  hundred  and  fifty  qualified  voters. 
No  line  of  such  county  shall  approach  the  court-house  of  any  old 
county  from  which  it  may  be  taken,  nearer  than  twelve  miles.  No 
part  of  a  county  shall  be  taken  to  form  a  new  county  or  a  part 
thereof,  without  the  consent  of  a  majority  of  the  qualified  voters  in 
such  part  taken  off".  And  in  all  cases  where  an  old  county  may  be 
reduced  for  the  purpose  of  forming  a  new  one,  the  seat  of  justice  in 
said  old  county  shall  not  be  removed  without  the  concurrence  of 
two-thirds  of  both  branches  of  the  Legislature,  nor  shall  said  old 
county  be  reduced  to  less  than  six  hundred  and  twenty-five  square 
miles :  'provided^  however,  that  the  county  of  Bedford  may  be  re- 
duced to  four   hundred  and  seventy-five  square  miles ;  and  there 


372  CONSTITUTION    OF 


shall  not  be  laid  off  more  than  one  new  county  on  the  west,  and  one 
on  the  east,  adjoining  the  county  of  the  dividing  line ;  a  majority 
of  the  qualified  voters  of  said  county  voting  in  favor  of  said  division: 
the  counties  of  Carter,  Rhea,  and  Humphreys  shall  not  be  divided 
into  more  than  two  counties  each ;  nor  shall  more  than  one  new 
county  be  taken  out  of  the  territory  now  composing  the  counties  of 
Tipton  and  Dyer ;  nor  shall  the  seats  of  justice  in  the  counties  of 
Rhea,  Carter,  Tipton,  aud  Dyer  be  removed,  without  the  concur- 
rence of  two- thirds  of  both  branches  of  the  Legislature.  The  county 
of  Sullivan  may  be  reduced  below  the  contents  of  six  hundred  and 
twenty-five  square  miles,  but  the  line  of  any  new  county  which  may 
hereafter  be  laid  off  shall  not  approach  the  county  seat  of  said 
county  nearer  than  ten  miles.  The  counties  of  Marion  and  Bledsoe 
shall  not  be  reduced  below  one  thousand  qualified  voters  each,  in 
forming  a  new  county  or  counties. 

5.  'X^e  citizens  who  may  be  included  in  any  new  county,  shall 
vote  with  the  county  or  counties  from  which  they  may  have  been  strick- 
en off,  for  members  of  Congress,  for  Governor  and  for  members  of  the 
General  Assembly,  until  the  next  apportionment  of  members  to  the 
General  Assembly  after  the  establishment  of  such  new  county. 

ARTICLE  XI 

Sec.  1.  All  laws  and  ordinances  now  in  force  and  use  in  this 
State,  not  inconsistent  with  this  Constitution,  shall  continue  in  force 
and  use  until  they  shall  expire,  be  altered  or  repealed  by  the  Legis- 
lature. 

2.  Nothing  contained  in  this  Constitution  shall  impair  the  valid- 
ity of  any  debts  or  contracts,  or  affect  any  rights  of  property,  or  any 
suits,  actions,  rights  of  action,  or  other  proceedings  in  courts  of 
justice. 

3.  Any  amendment  or  amendments  to  this  Constitution  may  be 
proposed  in  the  Senate  or  House  of  Representatives ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  with  the  yeas  and  nays  thereon, 
and  referred  to  the  General  Assembly  then  next  to  be  chosen :  and 
shall  be  published  for  six  months  previous  to  the  time  of  making 
such  choice.  And  if  in  the  General  Assembly  next  chosen  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  two- 
thirds  of  all  the  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  General  Assembly  to  submit  such  proposed  amendment 
or  amendments  to  the  people,  in  such  manner,  and  at  such  time,  as 
the  General  Assembly  shall  prescribe.  And  if  the  people  shall  ap- 
prove and  ratify  such  amendment  or  amendments,  by  a  majority  of 
all  the  citizens  of  the  State  voting  for  representatives,  voting  in 
their  favor,  such  amendment  or  amendments  shall  become  part  of 
this  Constitution.     When  any  amendment  or  amendments  to  the 


■Tennessee.  373 


Constitution  shall  be  proposed  in  pursuance  of  the  foregoing  pro- 
visions, the  same  shall  at  each  of  the  said  sessions  he  read  three 
times  on  three  several  days  in  each  house.  The  Legislature  shall 
not  propose  amendments  to  the  Constitution  oftener  than  once  in 
six  years. 

4.  The  Legislature  shall  have  no  power  to  grant  divorces,  but 
may  authorize  the  courts  of  justice  to  grant  them  for  such  causes  as 
may  be  specified  by  law  :  provided,  that  such  laws  be  general  and 
uniform  in  their  operation  throughout  the  State. 

5.  The  Legislature  shall  have  no  power  to  authorize  lotteries  for 
any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery  tick- 
ets in  this  State. 

6.  The  Legislature  shall  fix  the  rate  of  interest ;  and  the  rate  so 
established  shall  be  equal  and  uniform  throughout  the  State. 

7.  The  Legislature  shall  have  no  power  to  suspend  any  general 
law  for  the  benefit  of  any  particular  individual,  nor  to  pass  any  law 
for  the  benefit  of  individuals  inconsistent  with  the  general  laws  of 
the  land  ;  nor  to  pass  any  law  granting  to  any  individual  or  individ- 
uals, rights,  privileges,  immunities,  or  exemptions,  other  than  such 
as  may  be,  by  the  same  law,  extended  to  any  member  of  the  com- 
munity, who  may  be  able  to  bring  himself  within  the  provisions  of 
such  law  :  provided  always,  the  Legislature  shall  have  power  to 
grant  such  charters  of  corporation  as  they  may  deem  expedient  for 
the  public  good. 

8.  The  Legislature  shall  have  the  right  to  vest  such  powers  in 
the  courts  of  justice,  with  regard  to  private  and  local  affairs,  as  may 
be  deemed  expedient. 

9.  A  well  regulated  system  of  internal  improvement  is  calculated 
to  develop  the  resources  of  the  State,  and  promote  the  happiness 
and  prosperity  of  her  citizens  ;  therefore  it  ought  to  be  encouraged 
by  the  General  Assembly. 

10.  Knowledge,  learning,  and  virtue,  being  essential  to  the  pres- 
ervation of  republican  institutions,  and  the  diffusion  of  the  opportu- 
nities and  advantages  of  education  throughout  the  different  portions 
of  the  State,  being  highly  conducive  to  the  promotion  of  this  end  ; 
it  shall  be  the  duty  of  the  Greneral  Assembly,  in  all  future  periods 
of  this  government,  to  cherish  literature  and  science.  And  the  fund 
called  the  common  school  fund,  and  all  the  lands  and  proceeds  there- 
of, dividends,  stocks,  and  other  property  of  every  description  what- 
ever, heretofore  by  law  appropriated  by  the  General  Assembly  of 
this  State  for  the  use  of  common  schools,  and  all  such  as  shall  here- 
after be  appropriated,  shall  remain  a  perpetual  fund,  the  principal  of 
which  shall  never  be  diminished  by  legislative  appropriation,  and  the 
interest  thereof  shall  be  inviolably  appropriated  to  the  support  and 
encouragement  of  common  schools  throughout  the  State,  .and  for 
the  equal  benefit  of  all  the  people  thereof ;  and  no  law  shall  be 
made  authorizing  said  fund,  or  any  part  thereof,  to  be  diverted  to 
any  other  use  than  the  support  and   encouragement  of  common 


374  CONSTITUTION    OF    TENNESSEE. 

schools  :  and  it  shall  be  the  duty  of  the  Greneral  Assembly,  to  ap- 
point a  board  of  commissioners,  for  such  term  of  time  as  they  may 
think  proper,  who  shall  have  the  general  superintendence  of  said 
fund,  and  who  shall  make  a  report  of  the  condition  of  the  same,  from 
time  to  time,  under  such  rules,  regulations,  and  restrictions  as 
may  be  required  by  law  ;  provided^  that  if  at  any  time  hereafter  a 
division  of  the  public  lands  of  the  United  States,  or  of  the  money 
arising  from  the  sales  of  such  lands  shall  be  made  among  the  indi- 
vidual states,  the  part  of  such  lands,  or  money  coming  to  this  State, 
shall  be  devoted  to  the  purposes  of  education  and  internal  improve- 
ment ;  and  shall  never  be  applied  to  any  other  purpose. 

11.  The  above  provisions  shall  not  be  construed  to  prevent  the 
Legislature  from  carrying  into  effect  any  laws  that  have  been  pass- 
ed in  favor  of  the  colleges,  universities,  or  academies,  or  from  au- 
thorizing heirs  or  distributees  to  receive  and  enjoy  escheated  prop- 
erty, under  such  rules  and  regulations  as  from  time  to  time  may 
be  prescribed  by  law. 

12.  The  declaration  of  rights  hereto  prefixed,  is  declared  to  be 
a  part  of  the  Constitution  of  this  State,  and  shall  never  be  violat- 
ed on  any  pretence  whatever.  And  to  guard  against  transgression 
of  the  high  powers  we  have  delegated,  we  declare  that  everything 
in  the  bill  of  rights  contained,  is  excepted  out  of  the  general  powers 
of  government,  and  shall  forever  remain  inviolate. 


KENTUCKY. 


This  State  was  first  explored  in  1770,  by  Daniel  Boon,  a  celebrated  hun- 
ter. The  first  settlement  was  near  Lexington,  in  the  year  1775.  This  State 
originally  belonged  to  Virginia.  In  1782  it  became  a  territory  by  the  name 
of  Kentucky.  In  1792  it  was  admitted  into  the  union.  The  first  Constitution 
was  adopted  in  1790 — the  present  one  in  1799. 

Area,  40,500  sq.  m.  Pop.  1850,  982,405,  of  which  221,768  were  slaves.  Free  • 
blacks,  9,667. 

CONSTITUTION. 

PREAMBLE. 

We,  the  representatives  of  the  people  of  the  State  of  Kentucky, 
in  Convention  assembled,  to  secure  to  all  the  citizens  thereof  the 
enjoyment  of  the  rights  of  life,  liberty,  and  property,  and  of  pur- 
suing happiness,  do  ordain  and  establish  this  Constitution  for  its 
govwnment. 

ARTICLE  I. — Concerning  the  Distribution  of  the  Poivers  of 
Government. 

Sec.  1.  The  powers  of  the  Government  of  the  State  of  Kentucky 
shall  be  divided  into  three  distinct  departments,  and  each  of  them 
be  confided  to  a  separate  body  of  magistracy,  to-wit :  those  which 
are  Legislative  to  one ;  those  which  are  Executive  to  another,  and 
those  which  are  Judiciary  to  another. 
27 


376  CONSTITUTION    OF 


Sec.  2.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instances  hereinafter  expressly  directed 
or  permitted. 

ARTICLE  II. — Concerning  the  Legislative  Department. 

Sec.  1.  The  Legislative  power  shall  be  vested  in  a  House  of 
Representatives  and  Senate,  which  together  shall  be  styled  the 
General  Assembly  of  the  Commonwealth  of  Kentucky. 

Sec.  2.  The  members  of  the  House  of  Representatives  shall  con- 
tinue in  service  for  the  term  of  two  years  from  the  day  of  the  general 
election,  and  no  longer. 

Sec.  3.  Representatives  shall  be  chosen  on  the  first  Monday  in 
August,  in  every  second  year ;  and  the  mode  of  holding  the  elections 
shall  be  regulated  by  law. 

Sec.  4.  No  person  shall  be  a  Representative,  who,  at  the  time  of 
his  election,  is  not  a  citizen  of  the  United  States,  has  not  attained 
the  age  of  twenty-four  years,  and  who  has  not  resided  in  this  State 
two  years  next  preceding  his  election,  and  the  last  year  thereof  in 
the  county,  town,  or  city,  for  which  he  may  be  chosen. 

Sec.  5.  The  General  Assembly  shall  divide  each  county  of  this 
Commonwealth  into  convenient  election  precincts,  or  may  delegate 
power  to  do  so  to  such  county  authorities  as  may  be  designated  by 
law ;  and  elections  for  Representatives  for  the  several  counties  shall 
be  held  at  the  places  of  holding  their  respective  courts,  and  in  the 
several  election  precincts  into,  which  the  counties  may  be  divided  : 
Provided^  that  when  it  shall  appear  to  the  General  Assembly  that 
any  city  or  town  hath  a  number  of  qualified  voters  equal  to  the 
ratio  then  fixed,  such  city  or  town  shall  be  invested  with  the  privi- 
lege of  a  separate  representation,  in  either  or  both  houses  of  the 
General  Assembly,  which  shall  be  retained  so  long  as  such  city  or 
town  shall  contain  a  number  of  qualified  voters  equal  to  the  ratio 
which  may,  from  time  to  time,  be  fixed  by  law ;  and,  thereafter, 
elections  for  the  county  in  which  such  city  or  town  is  situated,  shall 
not  be  held  therein ;  but  such  city  or  town  shall  not  be  entitled  to  a 
separate  representation,  unless  such  county,  after  the  separation, 
shall  also  be  entitled  to  one  or  more  Representatives.  That  when- 
ever a  city  or  town  shall  be  entitled  to  a  separate  representation  in 
either  house  of  the  General  Assembly,  and  by  its  numbers  shall  be 
entitled  to  more  than  one  Representative,  such  city  or  town  shall 
be  divided,  by  squares  which  are  continguous,  so  as  to  make  the 
most  compact  form,  into  Representative  Districts,  as  nearly  equal 
as  may  be,  equal  to  the  number  of  Representatives  to  which  such 
city  or  town  may  be  entitled;  and  one  Representative  shall  be 
elected  from  each  district.  In  like  manner  shall  said  city  or  town 
be  divided  into  Senatorial  Districts,  when,  by  the  apportionment, 
more  than  one  Senator  shall  be  allotted  to  such  city  or  town ;  and  a 
Senator  shall  be  elected  from  each  Senatorial  District ;  but  no  ward 


KENTUCKY.  BTf 


or  municipal  division  shall  be  divided  by  such  division  of  Senatorial 
or  Representative  Districts,  unless  it  be  necessary  to  equalize  the 
Elective,  Senatorial,  or  Representative  Districts. 

Sec.  6.  Representation  shall  be  equal  and  uniform  in  this  Com- 
monwealth, and  shall  be  forever  regulated  and  ascertained  by  the 
number  of  qualified  voters  therein.     In  the  year  1850.  again  in  the 
year  1857,  and  every  eighth  year  thereafter,  an  enumeration  of  all 
the  qualified  voters  of  the  State  shall  be  made ;  and  to  secure  uni- 
fomiity  and  equality  of  representation,  the  State  is  hereby  laid  off 
into  ten  districts.     The  first  district  shall  be  composed  of  the  coun- 
ties of  Fulton,   Hickman,  Ballard,  McCracken,  Graves,  Calloway, 
Marshall,   Livingston,  Crittenden,    Union,   Hopkins,  Caldwell,   and 
Trigg.     The  second  district  shall  be  composed  of  the  counties  of 
Christian,  Muhlenburg,  Henderson,  Daviess,  Hancock,  Ohio,  Breck- 
inridge, Meade,  Grayson,  Butleiij  and  Edmonson.     The  third  district 
shall  be  composed  of  the  counties  of  Todd,  Logan,  Simpson,  Warren, 
Allen,  Monroe,  Barren,  and  Hart.     The  fourth  district  shall  be  com- 
posed of  the  counties  of  Cumberland,  Adair,  Green,  Taylor,  Clinton, 
Russell,   Wayne,    Pulaski,  Casey,  Boyle,  and  Lincoln.     The  fifth 
district  shall  be  composed  of  the  counties  of  Hardin,  Larue,  Bullitt, 
Spencer,    Nelson,    Washington,    Marion,    Mercer,    and    Anderson. 
The  sixth   district  shall  be  composed  of  the  counties  of  Garrard, 
Madison,  Estill,  Owsley,  Rockcastle,  Laurel,  Clay,  Whitley,  Knox, 
Harlan,  Perry,  Letcher,  Pike,  Floyd,  and  Johnson.     The  seventh 
district  shall  be  composed  of  the  counties  of  Jefferson,    Oldham, 
Trimble,  Carroll,   Henry,   and   Shelby,  and  the  city  of  Louisville. 
The  eighth  districrt  shall  be  composed  of  the  counties  of  Bourbon, 
Fayette,  Scott,   Owen,  Franklin,  Woodford,  and  Jessamine.     The 
ninth  district  shall  be  composed  of  the  cou-nties  of  Clarke,  Bath, 
Montgomery,  Fleming,  Le\yis,  Greenup,  Carter,  Lawrence,  Morgan, 
and  Breathitt.     The  tenth  district  shall  be  composed  of  the  counties 
of  Mason,    Bracken,    Nicholas,    Harrison,    Pendleton,    Campbell, 
Grant,  Kenton,  Boone,  and  Gallatin.     The  number  of  representa- 
tives shall,  at  the  several  sessions  of  the  General  Assembly,  next 
after  the  making  of  the  enumerations,  be  apportioned  among  the 
ten  several  districts,  according  to  the  number  of  qualified  voters  in 
each ;  and  the  Representatives  shall  be  apportioned,  as  near  as  may 
me,  among  the  counties,  towns  and  cities  in  each  district;  and  in 
making  such  apportionment  the  following  rules  shall  govern,  to-wit : 
Every  county,  town  or  city  having  the  ratio  shall  have  one  Repre- 
sentative ;  if  double    the   ratio,    two    Representatives,    and   so  on. 
Next,  the  counties,  towns  or  cities  having  one  or  more  Representa- 
tives, and  the  largest  number  of  qualified  voters  above  the  ratio, 
and  counties  having  the  largest  number  under  the  ratio  shall  have  a 
Representative,  regard  being  always  had  to  the  greatest  number  of 
qualified  voters :  Provided,  that  when  a  county  may  not  have  a  suffi- 
cient number  of  qualified  voters  to  entitle  it  to  one  Representative, 
then  such  county  may  be  joined  to  some  adjacent  county  or  counties, 


B*tB  CONSTITUTION    OF 


which  counties  shall  send  one  Representative.  When  a  new  county 
shall  be  formed  of  territory  belonging  to  more  than  one  district,  it 
shall  form  a  part  of  that  district  having  the  least  number  of  qualified 
voters. 

Sec.  7.  The  House  of  Representatives  shall  choose  its  Speaker 
and  other  officers. 

Sec.  8.  Every  free  white  male  citizen,  of  the  age  of  twenty-one 
years,  who  has  resided  in  the  State  two  years,  or  in  the  county, 
town,  or  city,  iji  which  he  offers  to  vote,  one  year  next  preceding 
the  election  shall  be  a  voter ;  but  such  voter  shall  have  been,  for 
sixty  days  next  preceding  the  election,  a  resident  of  the  precinct  in 
which  he  offers  to  vote,  and  he  shall  vote  in  said  precinct,  and  not 
elsewhere. 

Sec.  9.  Voters,  in  all  cases  except  treason,  felony,  breach  or 
surety  of  the  peace,  shall  be  privileged  from  arrest  during  their 
attendance  at,  going  to,  and  returning  from  elections. 

Sec.  10.  Senators  shall  be  chosen  for  the  term  of  four  years,  and 
the  Senate  shall  have  power  to  choose  its  officers  biennially. 

Sec.  11.  Senators  and  Representatives  shall  be  elected,  under  the 
first  .apportionment  after  the  adoption  of  this  Constitution,  in  the 
year  1851. 

Sec.  12.  At  the  session  of  the  General  Assembly  next  after  the 
first  apportionment  under  this  Constitution,  the  Senators  shall  be 
divided  by*lot,  as  equally  as  may  be,  into  two  classes';  the  seats  of 
the  first  class  shall  be  vacated  at  the  end  of  two  years  from  the  day 
of  the  election,  and  those  of  the  second  class  at  the  end  of  four  years, 
so  that  one  half  shall  be  chosen  every  two  years. 

Sec.  13.  The  number  of  Representatives  shall  be  one  hundred, 
and  the  number  of  Senators  thirty  eight. 

Sec.  14.  At  every  apportionment  of  representation,  the  State  shall 
be  laid  off  into  thirty  eight  Senatorial  Districts,  which  shall  be  so 
formed  as  to  contain,  as  near  as  may  be,  an  equal  number  of  quali- 
fied voters,  and  so  that  no  county  shall  be  divided  in  the  formation 
of  a  Senatorial  District,  except  such  county  shall  be  entitled,  under 
the  enumeration,-  to  two  or  more  Senators ;  and  where  two  or  more 
counties  compose  a  district 'they  shall  be  adjoining. 

Sec.  15.  One  Senator  for  each  district  shall  be  elected  by  the 
qualified  voters  therein,  who  shall  vote  in  the  precincts  where 
they  reside,  at  the  places  where  elections  are  by  law  directed  to  be 
held. 

Sec.  16.  No  person  shall  be  a  Senator  who,  at  the  time  of  his 
election,  is  not  a  citizen  of  the  United  States ;  has  not  attained  the 
age  of  thirty  years,  and  who  has  not  resided  in  this  State  six  years 
next  preceding  his  election,  and  the  last  year  thereof  in  the  district 
for  which  he  may  be  chosen. 

Sec.  17.  The  election  for  Senators,  next  after  the  first  apportion- 
ment under  this  Constitution,  shall  be  general  throughout  the  State, 
and  at  the  same  time  that  the  election  for  Representatives  is  held, 


KENTUCKY.  379 


and  thereafter  there  shall  be  a  biennial  election  for  Senators  to  fill 
the  places  of  those  whose  term  of  service  may  have  expired. 

Sec.  18.  The  General  Assembly  shall  convene  on  the  first  Monday 
in  November,  after  the  adoption  of  this  Constitution,  and  again  on 
the  first  Monday  in  November,  1851,  and  on  the  same  day  of  every 
second  year  thereafter,  unless  a  different  day  be  appointed  by  law, 
and  their  sessions  shall  be  held  at  the  seat  of  Government. 

Sec.  19.  Not  less  than  a  majority  of  the  members  of  each  house 
of  the  General  Assembly  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  shall  be 
authorized  by  law  to  compel  the  attendance  of  absent  members 
in  such  manner  and  under  such  penalties  as  may  be  prescribed 
thereby. 

Sec.  20.  Each  house  of  the  General  Assembly  shall  judge  of  the 
qualifications,  elections,  and  returns  of  its  members  ;  but  a  contested 
election  shall  be  determined  in  such  manner  as  shall  be  directed  by 
law. 

Sec,  21.  Each  house  of  the  General  Assembly  may  determine  the 
rules  of  its  proceedings,  punish  a  member  for  disorderly  behavior, 
and  with  the  concurrence  of  two  thirds  expel  a  member ;  but  not  a 
second  time  for  the  same  cause. 

Sec.  22.  Each  house  of  the  General  Assembly  shall  keep  and 
publish,  weekly,  a  journal  of  its  proceedings,  and  the  yeas  and  nays 
of  the  members  on  any  question  shall,  at  the  desire  of  any  two  of 
them,  be  entered  on  their  journal. 

Sec.  23.  Neither  house,  during  the  session  of  the  General  Assem- 
bly, shall,  without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  they  may  be 
sitting. 

Sec.  24.  The  members  of  the  General  Assembly  shall  severally 
receive  from  the  public  treasury  a  compensation  for  their  services, 
which  shall  be  three  dollars  a  day  during  their  attendance  on,  and 
twelve  and  a  half  cents  per  mile  for  the  necessary  travel  in  going  to, 
and  returning  from,  the  sessions  of  their  respective  houses  :  Provided^ 
that  the  same  may  be  increased  or  diminished  by  law ;  but  no  alter- 
ation shall  take  effect  during  the  session  at  which  such  alteration 
shall  be  made ;  nor  shall  a  session  of  the  General  Assembly  conti- 
nue beyond  sixty  days,  except  by  a  vote  of  two  thirds  of  all  the 
members  elected  to  each  house,  but  this  shall  not  apply  to  the  first 
session  held  under  this  Constitution. 

Sec.  25.  The  members  of  the  General  Assembly  shall,  in  all  cases 
except  treason,  felony,  breach  or  surety  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  sessions  of  their  respec- 
tive houses,  and  in  going  to,  and  returning  from,  the  same ;  and  for- 
any  speech  or  debate  in  either  house,  they  shall  not  be  questioned 
in  any  other  place. 

Sec.  26.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  was  elected,  nor  for  one  year  thereafter,  be  appointed  or 


380  CONSTITUTION    OF 


elected  to  any  civil  office  of  profit  under  this  Commonwealth,  which 
shall  have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  the  said  term,  except  to  such  offices  or  appoint- 
ments as  may  be  filled  by  the  election  of  the  people. 

Sec.  27.  No  person,  while  he  continues  to  exercise  the  functions 
of  a  clergyman,  priest,  or  teacher  of  any  religious  persuasion,  society, 
or  sect,  nor  while  he  holds  or  exercises  any  office  of  profit  under  this 
Commonwealth,  or  under  the  government  of  the  United  States,  shall 
be  eligible  to  the  General  Assembly,  except  attorneys  at  law,  justices 
of  the  peace,  and  militia  officers :  Provided^  that  attorneys  for  the 
Commonwealth,  who  receive  a  fixed  annual  salary,  shall  be  ineligible. 

Sec.  28.  No  person  who,  at  any  time,  may  have  been  a  collector 
of  taxes  or  public  moneys  for  the  State,  or  the  assistant  or  deputy 
of  such  collector,  shall  be  eligible  to  the  General  Assembly,  unless 
he  shall  have  obtained  a  quietus,  six  months  before  the  election,  for 
the  amount  of  such  collection,  and  for  all  public  moneys  for  which 
he  may  have  been  responsible. 

Sec.  29.  No  bill  shall  have  the  force  of  a  law,  until,  on  three 
several  days,  it  be  read  over  in  each  house  of  the  General  Assembly, 
and  free  discussion  allowed  thereon,  unless,  in  cases  of  urgency,  four 
fifths  of  the  house,  where  the  bill  shall  be  depending,  may  deem  it 
expedient  to  dispense  with  this  rule. 

Sec.  30.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives,  but  the  Senate  may  propose  amendments,  as  in 
other  bills :  Provided^  that  they  shall  not  introduce  any  new  mat- 
ter, under  color  of  amendment,  which  does  not  relate  to  raising 
revenue. 

Sec  31.  The  General  Assembly  shall  regulate,  bylaw,  by  whom 
and  in  what  manner  writs  of  election  shall  be  issued  to  fill  the  vacan- 
cies which  may  happen  in  either  branch  thereof. 

Sec  32.  The  General  Assembly  shall  have  no  power  to  grant 
divorces,  to  change  the  names  of  individuals,  or  direct  the  sales  of 
estates  belonging  to  infants,  or  other  persons  laboring  under  legal 
disabilities,  by  special  legislation  ;  but  by  general  laws  shall  confer 
such  powers  on  the  courts  of  justice. 

Sec  33.  The  credit  of  this  Commonwealth  shall  never  be  given 
or  loaned  in  aid  of  any  person,  association,  municipality,  or  corpora- 
tion. 

Sec  34.  The  General  Assembly  shall  have  no  power  to  pass 
laws  to  diminish  the  resources  of  the  Sinking  Fund,  as  now  estab- 
lished by  law,  until  the  debt  of  the  State  be  paid,  but  may  pass  laws 
to  increase  them ;  and  the  whole  resources  of  said  fund,  from  year 
to  year,  shall  be  sacredly  set  apart  and  applied  to  the  payment  of 
the  interest  and  principal  of  the  State  debt,  and  to  no  other  use  or 
purpose,  until  the  whole  debt  of  the  State  is  fully  paid  and  satisfied. 

Sec  35.  The  General  Assembly  may  contract  debts  to  meet 
casual  deficits  or  failures  in  the  revenue,  but  such  debts,  direct  or 
contingent,  singly  or  in  the  aggregate,  shall  not  at  any  time  exceed 


KENTUCKY.  881 


five  hundred  thousand  dollars ;  and  the  moneys  arising  from  loans 
creating  such  debts,  shall  be  applied  to  the  purposes  for  which  they 
were  obtained,  or  to  repay  such  debts :  Provided^  that  the  State  may 
contract  debts  to  repel  invasion,  suppress  insurrection,  or,  if  hostili- 
ties are  threatened,  provide  for  the  public  defence. 

Sec.  36.  No  act  of  the  General  Assembly  shall  authorize  any  debt 
to  be  contracted  on  behalf  of  the  Commonwealth,  except  for  the  pur- 
poses mentioned  in  the  thirty -fifth  section  of  this  article,  unless  pro- 
vision be  made  therein  to  lay  and  collect  an  annual  tax  sufficient  to 
pay  the  interest  stipulated,  and  to  discharge  the  debt  within  thirty 
years ;  nor  shall  such  act  take  effect  until  it  shall  have  been  submitted 
to  the  people  at  a  general  election,  and  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it:  Provided^  that  the 
General  Assembly  may  contract  debts,  by  borrowing  money  to  pay 
any  part  of  the  debt  of  the  State,  without  submission  to  the  people, 
and  without  making  provision  in  the  act  authorizing  the  same  for  a 
tax  to  discharge  the  debt  so  contracted,  or  the  interest  thereon. 

Sec.  37.  No  law,  enacted  by  the  General  Assembly,  shall  relate 
to  more  than  one  subject,  and  that  shall  be  expressed  in  the  title. 

Sec.  38.  The  General  Assembly  shall  not  change  the  venue  in 
any  criminal  or  penal  prosecution,  but  shall  provide  for  the  same  by 
general  laws. 

Sec.  39.  The  General  Assembly  may  pass  laws  authorizing  writs 
of  error  in  criminal  or  penal  cases,  and  regulating  the  right  of  chal- 
lenge of  jurors  therein. 

Sec.  40.  The  General  Assembly  shall  have  no  power  to  pass  any 
act,  or  resolution,  for  the  appropriation  of  any  money,  or  the  creation 
of  any  debt,  exceeding  the  sum  of  one  hundred  dollars,  at  any  one 
time,  unless  the  same,  on  its  final  passage,  shall  be  voted  for  by  a 
majority  of  all  the  members  then  elected  to  each  branch  of  the 
General  Assembly ;  and  the  yeas  and  nays  thereon  entered  on  the 
journal. 

ARTICLE  III. — Concerning  the  Executive  Department, 

Sec.  1.  The  Supreme  Executive  power  of  the  Commonwealth 
shall  be  vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Go- 
vernor of  the  Commonwealth  of  Kentucky. 

Sec.  2.  The  Governor  shall  be  elected  for  the  term  of  four  years, 
by  the  qualified  voters  of  the  State,  at  the  time  when,  and  places 
where,  they  shall  respectively  vote  for  Representatives.  The  person 
having  the  highest  number  of  votes  shall  be  Governor ;  but  if  two 
or  more  shall  be  equal  and  highest  in  votes,  the  election  shall  be 
determined  by  lot,  in  such  manner  as  the  General  Assembly  may 
direct. 

Sec.  3.  The  Governor  shall  be  ineligible  for  the  succeeding  four 
years  after  the  expiration  of  the  term  for  which  he  shall  have  been 
elected. 

Sec.  4.  He  shall  be  at  least  thirty  five  years  of  age,  and  a  citizen 


882  CONSTITUTION    OF 

of  the  United  States,  and  have  been  an  Inhabitant  of  this  State  at 
least  six  years  next  preceding  his  election. 

Sec.  5.  He  shall  commence  the  execution  of  the  duties  of  his 
office  on  the  fifth  Tuesday  succeeding  the  day  of  the  general  election 
on  which  he  shall  have  been  chosen,  and  shall  continue  in  the  execu- 
tion thereof  until  his  successor  shall  have  taken  the  oaths,  or  affirma- 
tions, prescribed  by  this  Constitution. 

Sec.  6.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States,  or  minister  of  any  religious  society,  shall 
be  eligible  to  the  office  of  Governor. 

Sec.  7.  The  Governor  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  which  shall  neither  be  increased  nor  dimin- 
ished during  the  term  for  which  he  was  elected. 

Sec.  8.  He  shall  be  Commander-in-Chief  of  the  army  and  navy 
of  this  Commonwealth,  and  of  the  militia  thereof,  except  w^hen  they 
shall  be  called  into  the  service  of  the  United  States ;  but  he  shall  not 
command  personally  in  the  field,  unless  advised  so  to  do  by  a  reso- 
lution of  the  General  Assembly. 

Sec.  9.  He  shall  have  power  to  fill  vacancies  that  may  occur,  by 
granting  commissions,  which  shall  expire  when  such  vacancies  shall 
have  been  filled  according  to  the  provisions  of  this  Constitution. 

Sec  10.  He  shall  have  power  to  remit  fines  and  forfeitures,  grant 
reprieves  and  pardons,  except  in  cases  of  impeachment.  In  cases  of 
treason,  he  shall  have  power  to  grant  reprieves  until  the  end  of  the 
next  session  of  the  General  Assembly,  in  which  the  power  of  par- 
doning shall  be  vested ;  but  he  shall  have  no  power  to  remit  the 
fees  of  the  Clerk,  Sheriff,  or  Commonwealth's  Attorney,  in  penal  or 
criminal  cases. 

Sec.  11.  He  may  require  information,  in  writing,  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  12.  He  shall,  from  time  to  time,  give  to  the  General  As- 
sembly information  of  the  state  of  the  Commonwealth,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  deem  ex- 
pedient. 

Sec  13.  He  may,  on  extraordinary  occasions,  convene  the  Gene- 
ral Assembly  at  the  seat  of  government,  or  at  a  different  place  if 
that  should  have  become,  since  their  last  adjournment,  dangerous 
from  an  enemy,  or  from  contagious  disorders ;  and  in  case  of  dis- 
agreement between  the  two  houses,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think 
proper,  not  exceeding  four  months. 

Sec  14.  He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. 

Sec  15.  a  Lieutenant  Governor  shall  be  chosen  at  every  regular 
election  for  Governor,  in  the  same  manner,  to  continue  in  office  for 
the  same  time,  and  possess  the  same  qualifications  as  the  Governor. 
In  voting  for  Governor  and  Lieutenant  Governor,  the  electors  shall 


KENTUCKY.  883 


state  for  whom  they  vote  as  Governor,  and  for  whom  as  Lieutenant 
Governor. 

Sec.  16.  He  shall,  by  virtue  of  his  office,  be  Speaker  of  the  Sen- 
ate, have  a  right,  when  in  committee  of  the  whole,  to  debate  and 
vote  on  all  subjects,  and  when  the  Senate  are  equally  divided,  to 
give  the  casting  vote. 

Sec.  17.  Should  the  Governor  be  impeached,  removed  from  office, 
die,  refuse  to  qualify,  resign,  or  be  absent  from  the  State,  the  Lieut- 
enant Governor  shall  exercise  all  the  power  and  authority  apper- 
taining to  the  office  of  Governor,  until  another  be  duly  elected  and 
qualified,  or  the  Governor  absent  or  impeached,  shall  return  or  be 
acquitted. 

Sec.  18.  Whenever  the  government  shall  be  administered  by  the 
Lieutenant  Governor,  or  he  shall  fail  to  attend  as  Speaker  of  the 
Senate,  the  Senators  shall  elect  one  of  their  own  members  as 
Speaker  for  that  occasion.  And  if,  during  the  vacancy  of  the  office 
of  Governor,  the  Lieutenant  Governor  shall  be  impeached,  removed 
from  office,  refuse  to  qualify,  resign,  die,  or  be  absent  from  the  State, 
the  Speaker  of  the  Senate  shall,  in  like  manner,  administer  the 
government :  Provided^  that  whenever  a  vacancy  shall  occur  in  the 
office  of  Governor,  before  the  first  two  years  of  the  term  shall  have 
expired,  a  new  election  for  Governor  shall  take  place,  to  fill  such 
vacancy.  * 

Sec.  19.  The  Lieutenant  Governor,  or  Speaker  ^ro  tempore  of  the 
Senate,  while  he  acts  as  Speaker  of  the  Senate,  shall  receive  for  his 
services  the  same  compensation  which  shall,  for  the  same  period,  be 
allowed  to  the  Speaker  of  the  House  of  Representatives,  and  no 
more  ;  and  during  the  time  he  administers  the  government,  as  Go- 
vernor, shall  receive  the  same  compensation  which  the  Governor 
would  have  received,  had  he  been  employed  in  the  duties  of  his 
office. 

Sec.  20.  If  the  Lieutenant  Governor  shall  be  called  upon  to  ad- 
minister the  government,  and  shall,  while  in  such  administration, 
resign,  die,  or  be  absent  from  the  State  during  the  recess  of  the 
General  Assembly,  it  shall  be  the  duty  of  the  Secretary  of  State, 
for  the  time  being,  to  convene  the  Senate  for  the  purpose  of  choosing 
a  Speaker. 

Sec.  21.  The  Governor  shall  nominate,  and,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  appoint  a  Secretary  of  State,  who 
shall  be  commissioned  during  the  term  for  which  the  Governor  was 
elected,  if  he  shall  so  long  behave  himself  well.  He  shall  keep  a 
fair  register,  and  attest  all  the  official  acts  of  the  Governor,  and 
shall,  when  required,  lay  the  same,  and  all  papers,  minutes,  and 
vouchers,  relative  thereto,  before  either  house  of  the  General  As- 
sembly ;  and  shall  perform  such  other  duties  as  may  be  required  of 
him  by  law. 

Sec.  22.  Every  bill  which  shall  have  passed  both  houses,  shall  be 
presented  to  the  Governor.     If  he  approve,  he  shall  sign  it ;  but  if 


884:  CONSTITUTION    OF 


not,  he  shall  return  it  with  his  objections,  to  the  house  in  which  it 
originated,  who  shall  enter  the  objections  at  large  upon  their  journal, 
and  proceed  to  reconsider  it.  If^  after  such  reconsideration,  a  ma- 
jority of  all  the  members  elected  to  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  considered,  and  if  approved  by  a  majority 
of  all  the  members  elected  to  that  house,  it  shall  be  a  law ;  but  in  such 
cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  and  against  the  bill, 
shall  be  entered  upon  the  journals  of  each  house,  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor,  within  ten  days, 
(Sundays  excepted,)  after  it  shall  have  been  presented  to  him,  it 
shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
General  Assembly,  by  their  adjournment,  prevent  its  return ;  in 
which  case  it  shall  be  a  law,  unless  sent  back  within  three  days  after 
their  next  meeting. 

Sec.  23.  Every  order,  resolution,  or  vote,  in  which  the  concur- 
rence of  both  houses  may  be  necessary,  except  on  a  question  of  ad- 
journment, shall  be  presented  to  the  Governor,  and  before  it  shall 
take  effect,  be  approved  by  him ;  or  being  disapproved,  shall  be  re- 
passed by  a  majority  of  all  the  members  elected  to  both  houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

Sec.  24.  Contested  elections  for  Governor  and  Lieutenant  Gover- 
nor shall  be  determined  by  both  houses  of  the  General  Assembly, 
according  to  such  regulations  as  may  be  established  by  law. 

Sec.  25.  A  Treasurer  shall  be  elected  by  the  qualified  voters  of 
the  State,  for  the  term  of  two  years ;  and  an  Auditor  of  Public  Ac- 
counts, Register  of  the  Land  Office,  and  Attorney  General,  for  the 
term  of  four  years.  The  duties  and  responsibilities  of  these  officers 
shall  be  prescribed  by  law :  Provided,  that  inferior  State  officers,  not 
specially  provided  for  in  this  Constitution,  may  be  appointed,  or 
elected,  in  such  manner  as  shall  be  prescribed  by  law,  for  a  term 
not  exceeding  four  years. 

Sec.  26.  The  first  election,  under  this  Constitution,  for  Governor, 
Lieutenant  Governor,  Treasurer,  Auditor  of  Public  Accounts,  Re- 
gister of  the  land  office,  and  Attorney  General,  shall  be  held  on  the 
first  Monday  in  August  in  the  year  185L 

ARTICLE  IV. —  Concerning  the  Judicial  Department. 

Sec.  \.  The  judicial  power  of  this  Commonwealth,  both  as  to 
matters  of  law  and  equity,  shall  be  vested  in  one  Supreme  Court, 
(to  be  styled  the  Court  of  Appeals,)  the  Courts  established  by  this 
Constitution,  and  such  Courts,  inferior  to  the  Supreme  Court,  as  the 
General  Assembly  may,  from  time  to  time,  erect  and  establish. 

concerning  the  court  of  appeals. 

Sec.  2.  The  Court  of  Appeals  shall  have  appellate  jurisdiction 
only,  which  shall  be  co-extensive  with  the  State,  under  such  restric- 


KENTUCKY.  385 


tions  and  regulations,  not  repugnant  to  this  Constitution,  as  may, 
from  time  to  time,  be  prescribed  by  law. 

Sec.  3.  The  Judges  of  the  Court  of  Appeals  shall,  after  their  first 
term,  hold  their  offices  for  eight  years,  from  and  after  their  election, 
and  until  their  successors  shall  be  duly  qualified,  subject  to  the  con- 
ditions hereinafter  prescribed ;  but  for  any  reasonable  cause,  the  Go- 
vernor shall  remove  any  of  them  on  the  address  of  two  thirds  of 
each  house  of  the  General  Assembly :  Provided^  however,  that  the 
cause  or  causes  for  which  such  removal  may  be  required,  shall  be 
stated  at  length  in  such  address,  and  on  the  journal  of  each  house. 
They  shall,  at  stated'  times,  receive  for  their  services  an  adequate 
compensation,  to  be  fixed  by  law,  which  shall  not  be  diminished 
during  the  time  for  which  they  shall  have  been  elected. 

Sec.  4.  The  Court  of  Appeals  shall  consist  of  four  Judges,  any 
three  of  whom  may  constitute  a  Court  for  the  transaction  of  busi- 
ness. The  General  Assembly,  at  its  first  session  after  the  adoption 
of  this  Constitution,  shall  divide  the  State,  by  counties,  into  four  dis- 
tricts, as  nearly  equal  in  voting  population,  and  with  as  convenient 
limits  as  may  be,  in  each  of  which  the  qualified  voters  shall  elect  one 
Judge  of  the  Court  of  Appeals :  Provided^  that  whenever  a  vacancy 
shall  occur  in  said  Court,  from  any  cause,  the  General  Assembly 
shall  have  the  power  to  reduce  the  number  of  Judges  and  districts ; 
but  in  no  event  shall  there  be  less  than  three  Judges  and  districts. 
Should  a  change  in  the  number  of  the  Judges  of  the  Court  of  Ap- 
peals be  made,  the  term  of  office  and  number  of  districts  shall  be  so 
changed  as  to  preserve  the  principle  of  electing  one  Judge  every  two 
years. 

Sec.  5.  The  Judges  shall,  by  virtue  of  their  offices,  be  conserva- 
tors of  the  peace  throughout  the  State.  The  style  of  all  process 
shall  be,  "  The  Commonwealth  of  Kentucky."  All  prosecutions 
shall  be  carried  on  in  the  name  and  by  the  authority  of  the  Common- 
wealth of  Kentucky,  and  conclude  "  against  the  peace  and  dignity  of 
the  same." 

Sec.  6.  The  Judges  first  elected  shall  serve  as  follows,  to  wit :  one 
shall  serve  until  the  first  Monday  in  August,  1852;  one  until  the 
first  Monday  in  August,  1854  ;  one  until  the  first  Monday  in  August, 
1856,  and  one  until  the  first  Monday  in  August,  1858.  The  Judges, 
at  the  first  term  of  the  Court  succeeding  their  election,  shall  deter- 
mine, by  lot,  the  length  of  time  which  each  one  shall  serve  ;  and  at 
the  expiration  of  the  service  of  each,  an  election  in  the  proper  dis- 
trict shall  take  place  to  fill  the  vacancy.  The  Judge  having  the 
shortest  time  to  serve  shall  be  styled  the  Chief  Justice  of  Kentucky. 

Sec.  7.  If  a  vacancy  shall  occur  in  said  Court  from  any  cause,  the 
Governor  shall  issue  a  writ  of  election  to  the  proper  district  to  fill 
such  vacancy  for  the  residue  of  the  term :  Provided,  that  if  the  un- 
expired term  be  less  than  one  year,  the  Governor  shall  appoint  a 
Judge  to  fill  such  vacancy. 

Sec.  8.  No  person  shall  be  eligible  to  the  office  of  Judge  of  the 


CONSTITUTION    OF 


Court  of  Appeals,  who  is  not  a  citizen  of  the  United  States,  a  resi- 
dent of  the  district  for  which  he  may  be  a  candidate  two  years  next 
preceding  his  election,  at  least  thirty  years  of  age,  and  who  has  not 
been  a  practicing  lawyer  eight  years,  or  whose  sei-vice  upon  the 
bench  of  any  Court  of  record,  when  added  to  the  time  he  may  have 
practiced  law,  shall  not  be  equal  to  eight  years. 

Sec.  9.  The  Court  of  Appeals  shall  hold  its  sessions  at  the  seat  of 
government,  unless  otherwise  directed  by  law ;  but  the  General  As- 
sembly may,  from  time  to'  time,  direct  that  said  Court  shall  hold 
sessions  in  any  one  or  more  of  said  districts. 

Sec.  10.  The  first  election  of  the  Judges  and  Clerk  or  Clerks  of 
the  Court  of  Appeals  shall  take  place  on  the  second  Monday  in  May, 
1851,  and  thereafter,  in  each  district  as  a  vacanc}^  may  occur,  by  the 
expiration  of  the  term  of  office ;  and  the  Judges  of  the  said  Court 
shall  be  commissioned  by  the  Governor. 

Sec.  11.  There  shall  be  elected,  by  the  qualified  voters  of  thi» 
State,  a  Clerk  of  the  Court  of  Appeals,  who  shall  hold  his  office, 
from  the  first  election,  until  the  first  Monday  in  August,  1858,  and 
thereafter  for  the  term  of  eight  years  from  and  after  his  election ; 
and  should  the  General  Assembly  provide  for  holding  the  Court  of 
Appeals  in  any  one  or  more  of  said  districts,  they  shall  also  provide 
for  the  election  of  a  Clerk  by  the  qualified  voters  of  such  district, 
who  shall  hold  his  office  for  eight  years,  possess  the  same  qualifica- 
tions, and  be  subject  to  removal  in  the  same  manner  as  the  Clerk  of 
the  Court  of  Appeals  ;  but  if  the  General  Assembly  shall,  at  its  first 
or  any  other  session,  direct  the  Court  of  Appeals  to  hold  its  sessions 
in  more  than  one  district,  a  Clerk  shall  be  elected  by  the  qualified 
voters  of  such  district.  And  the  Clerk,  first  provided  for  in  this  sec- 
tion, shall  be  elected  by  the  qualified  voters  of  the  other  district  or 
districts.  The  same  principle  shall  be  observed  whenever  the  Court 
shall  be  directed  to  hold  its  sessions  in  either  of  the  other  districts. 
Should  the  number  of  Judges  be  reduced,  the  term  of  the  office  of 
Clerk  shall  be  six  years. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  Clerk  of  the 
Court  of  Appeals,  unless  he  be  a  citizen  of  the  United  States,  a  resi- 
dent of  the  State  two  years  next  preceding  his  election,  of  the  age  of 
twenty  one  years,  and  have  a  certificate  from  a  Judge  of  the  Court 
of  Appeals,  or  a  Judge  of  the  Circuit  Court,  that  he  has  been  ex- 
amined by  the  Clerk  of  his  Court,  under  his  supervision,  and  that  he 
is  qualified  for  the  office  for  which  he  is  a  candidate. 

Sec.  13.  Should  a  vacancy  occur  in  the  office  of  Clerk  of  the  Court 
of  Appeals,  the  Governor  shall  issue  a  writ  of  election,  and  the  qual- 
ified voters  of  the  State,  or  of  the  district  in  which  the  vacancy  may 
occur,  shall  elect  a  Clerk  of  the  Court  of  Appeals,  to  serve  until  the 
end  of  the  term  for  which  such  Clerk  was  elected :  Provided^  that 
when  a  vacancy  shall  occur  from  any  cause,  or  the  Clerk  be  under 
charges  upon  information,  the  Judges  of  the  €ourt  of  Appeals  shall 
have  power  to  appoint  a  Clerk  pro  tern.,  to  perform  the  duties  of 


KENTUCKY.  387 


Clerk  until  such  vacancy  shall  be  filled,  or  the  Clerk  acquitted :  And, 
provided  further,  that  no  writ  of  election  shall  issue  to  fill  a  vacancy 
unless  the  unexpired  term  exceed  one  year. 

.  Sec.  14.  The  General  Assembly  shall  direct,  by  law,  the  mode 
and  manner  of  conducting  and  making  due  returns  to  the  Secretary 
of  State,  of  all  elections  of  the  Judges  and  Clerk  or  Clerks  of  the 
Court  of  Appeals,  and  of  determining  contested  elections  of  any  of 
these  officers. 

Sec.  15.  The  General  Assembly  shall  provide  for  an  additional 
Judge  or  Judges,  to  constitute,  with  the  remaining  Judge  or  Judges, 
a  special  Court  for  the  trial  of  such  cause  or  causes  as  may,  at  any 
time,  be  pending  in  the  Court  of  Appeals,  on  the  trial  of  which  a  ma- 
jority of  the  Judges  cannot  sit,  on  account  of.  interest  in  the  event 
of  the  cause ;  or  on  account  of  their  relationship  to  either  party ;  or 
when  a  Judge  may  have  been  employed  in  or  decided  the  cause  in 
the  inferior  Court. 

CONCERNING    THE    CIRCUIT    COURTS. 

Sec.  16.  a  Circuit  Court  shall  be  established  in  each  county  now 
existing,  or  which  may  hereafter  be  erected  in  this  Commonwealth. 

Sec.  17.  The  jurisdiction  of  said  Court  shall  be,  and  remain  as  now 
established,  hereby  giving  to  the  General  Assembly  the  power  to 
change  or  alter  it. 

Sec.  18.  The  right  to  appeal  or  sue  out  a  writ  of  error  to  the 
Court  of  Appeals  shall  remain  as  it  now  exists,  until  altered  by  law, 
hereby  giving  to  the  General  Assembly  the  power  to  change,  alter, 
or  modify  said  right. 

Sec.  19.  At  the  first  session  after  the  adoption  of  this  Constitution, 
the  General  Assembly  shall  divide  the  State  into  twelve  judicial  dis- 
tricts, having  due  regard  to  business,  territory,  and  population :  Pro- 
vided, that  no  county  shall  be  divided. 

Sec.  20.  They  shall,  at  the  same  time  that  the  judicial  districts 
are  laid  off,  direct  elections  to  be  held  in  each  district,  to  elect  a 
Judge  for  said  district,  and  shall  prescribe  in  what  manner  the  elec- 
tions shall  be  conducted.  The  first  election  of  Judges  of  the  Circuit 
Court  shall  take  place  on  the  second  Monday  in  May,  1851 ;  and 
afterwards  on  the  first  Monday  in  August,  1856,  and  on  the  first 
Monday  in  August  in  every  sixth  year  thereafter. 

Sec.  21.  All  persons  qualified  to  vote  for  members  of  the  Gene- 
ral Assembly,  in  each  district,  shall  have  the  right  to  vote  for 
Judges. 

Sec.  22.  No  person  shall  be  eligible  as  Judge  of  the  Circuit 
Court  who  is  not  a  citizen  of  the  United  States,  a  resident  of  the 
district  for  which  he  may  be  a  candidate  two  years  next  preceding 
his  election,  at  least  thirty  years  of  age,  and  who  has  not  been  a 
practicing  lawyer  eight  years,  or  whose  service  upon  the  bench  of 
any  Court  of  record,  when  added  to  the  time  he  may  have  practiced 
law,  shall  not  be  equal  to  eight  years. 


388  CONSTITUTION    OF 


Sec.  23.  The  Judges  of  the  Circuit  Court  shall,  after  their  first 
term,  hold  their  office  for  the  term  of  six  years  from  the  day  of  their 
election.  They  shall  be  commissioned  by  the  Governor,  and  con- 
tinue in  office  until  their  successors  be  qualified,  but  shall  be  re- 
movable from  office  in  the  same  manner  as  the  Judges  of  the  Court 
of  Appeals ;  and  the  removal  of  a  Judge  from  his  district  shall 
vacate  his  office. 

Sec.  24.  The  General  Assembly,  if  they  deem  it  necessary,  may 
establish  one  additional  district  every  four  years,  but  the  judicial 
districts  shall  not  exceed  sixteen,  until  the  population  of  this  State 
shall  exceed  one  million  five  hundred  thousand. 

Sec  25.  The  Judges  of  the  Circuit  Courts  shall,  at  stated  times, 
receive  for  their  services  an  adequate  compensation,  to  be  fixed  by 
law,  which  shall  be  equal  and  uniform  throughout  the  State,  and 
which  shall  not  be  diminished  during  the  time  for  which  they  were 
elected. 

Sec  26.  If  a  vacancy  shall  occur  in  the  office  of  Judge  of  the 
Circuit  Court,  the  Governor  shall  issue  a  writ  of  election  to  fill  such 
vacancy,  for  the  residue  of  the  term :  Provided,  that  if  the  unexpired 
term  be  less  than  one  year,  the  Governor  shall  appoint  a  Judge  to 
fill  such  vacancy. 

Sec  27.  The  Judicial  Districts  of  this  State  shall  not  be  changed, 
except  at  the  first  session  after  an  enumeration,  unless  when  a  new 
District  may  be  established. 

Sec  28.  The  General  Assembly  shall  provide  by  law  for  holding 
Circuit  Courts,  when,  from  any  cause,  the  Judge  shall  fail  to  attend, 
or,  if  in  attendance,  cannot  properly  preside. 

CONCERNING  COUNTY  COURTS. 

Sec  29.  A  County  Court  shall  be  established  in  each  county  now 
existing,  or  which  may  hereafter  be  erected  within  this  Common- 
wealth, to  consist  of  a  Presiding  Judge,  and  two  Associate  Judges, 
any  two  of  whom  shall  constitute  a  court  for  the  transaction  of  busi- 
ness :  Provided,  the  General  Assembly  may  at  any  time  abolish  the 
office  of  the  Associate  Judges,  whenever  it  shall  be  deemed  expedi- 
ent ;  in  which  event  they  may  associate  with  said  court  any  or  all 
of  the  Justices  of  the  Peace  for  the  transaction  of  business. 

Sec  30.  The  Judges  of  the  County  Courtjshall  be  elected  by  the 
qualified  voters  in  each  county,  for  the  term  of  four  years,  and  shall 
continue  in  office  until  their  successors  be  duly  qualified,  and  shall 
receive  such  compensation  for  their  services  as  may  be  provided  by 
law. 

Sec  31.  The  first  election  of  County  Court  Judges  shall  take 
place  at  the  same  time  of  the  election  of  Judges  of  the  Circuit  Court. 
The  Presiding  Judge,  first  elected,  shall  hold  his  office  until  the  first 
Monday  in  August,  1854.  The  Associate  Judges  shall  hold  their 
offices  until  the  first  Monday  in  August,  1852,  and  until  their  suc- 
cessors be  qualified ;  and  afterwards  elections  shall  be  held  on  the 


KENTUCKY.  389 

first  Mondays  in  August,  in  the  years  in  which  vacancies  regularly 
occur. 

Sec.  32.  No  person  shall  be  eligible  to  the  office  of  Presiding  or 
Associate  J.udge  of  the  County  Court,  unless  he  be  a  citizen  of  the 
United  States,  over  twenty  one  years  of  age,  and  shall  have  been  a 
resident  of  the  county  in  which  he  shall  be  chosen,  one  year  next 
preceding  the  election. 

Sec.  33.  The  jurisdiction  of  the  County  Court  shall  be  regulated 
by  law ;  and,  until  changed,  shall  be  the  same  now  vested  in  the 
County  Courts  of  this  State. 

Sec.  34.  Each  county  in  this  State  shall  be  laid  off  into  districts 
of  convenient  size,  as  the  General  Assembly  may,  from  time  to  time, 
direct.  Two  Justices  of  the  Peace  shall  be  elected  in  each  district, 
by  the  qualified  voters  therein,  at  such  time  and  place  as  may  be 
prescribed  by  law,  for  the  term  of  four  years,  whose  jurisdiction 
shall  be  co-extensive  with  the  county ;  no  person  shall  be  eligible  as 
a  Justice  of  the  Peace,  unless  he  be  a  citizen  of  the  United  States, 
twenty  one  years  of  age,  and  a  resident  of  the  district  in  which  he 
may  be  candidate. 

Sec.  35.  Judges  of  the  County  Court,  and  Justices  of  the  Peace, 
shall  be  conservators  of  the  peace.  They  shall  be  commissioned  by 
the  Governor.  County  and  district  officers  shall  vacate  their  offices 
by  removal  from  the  district  or  county  in  which  they  shall  be  ap- 
pointed. The  General  Assembly  shall  provide,  by  law,  the  manner 
of  conducting  and  making  due  return  of  all  elections  of  Judges  of 
the  County  Court  and  Justices  of  the  Peace,  and  for  determining 
contested  elections,  and  provide  the  mode  of  filling  vacancies  in  these 
offices. 

Sec.  36.  Judges  of  the  County  Court  and  Justices  of  the  Peace, 
Sheriffs,  Coroners,  Surveyors,  Jailers,  County  Assessor,  Attorney  for 
the  County,  and  Constables,  shall  be  subject  to  indictment  or  pre- 
sentment for  malfeasance  or  misfeasance  in  office,  or  wilful  neglect 
in  the  discharge  of  their  official  duties,  in  such  mode  as  may  be  pre- 
scribed by  law,  subject  to  appeal  to  the  Court  of  Appeals ;  and, 
upon  conviction,  their  offices  shall  become  vacant. 

Sec.  37.  The  General  Assembly  may  provide,  by  law,  that  the 
Justices  of  the  Peace  in  each  county  shall  sit  at  the  Court  of 
Claims  and  assist  in  laying  the  county  levy  and  making  appropria- 
tions only. 

Sec.  38.  When  any  city  or  town  shall  have  a  separate  representa- 
tion, such  city  or  town,  and  the  county  in  which  it  is  located,  may 
have  such  separate  Municipal  Courts,  and  executive  and  ministerial 
officers  as  the  General  Assembly  may,  from  time  to  time,  provide. 

Sec.  39.  The  Clerks  of  the  Court  of  Appeals,  Circuit,  and  County 
Courts,  shall  be  removable  from  office  by  the  Court  of  Appeals, 
upon  information  and  good  cause  shown.  The  Court  shall  be  Judges 
of  the  fact  as  well  as  the  law.  Two-thirds  of  the  members  present 
must  concur  in  the  sentence. 


890  CONSTITUTION    OF 


Sec.  40.  The  Louisville  Chancery  Court  shall  exist  under  this  Con- 
stitution, subject  to  repeal,  and  its  jurisdiction  to  enlargement  and 
modification  by  the  General  Assembly.  The  Chancellor,  shall  have 
the  same  qualifications  as  a  Circuit  Court  Judge,  and  tbe  Clerk  of 
said  Court  as  a  Clerk  of  a  Circuit  Court,  and  the  Marshal  of  said 
Court  as  a  Sheriff;  and  the  General  Assembly  shall  provide  for  the 
election,  by  the  qualified  voters  within  its  jurisdiction,  of  the  Chan- 
cellor, Clerk,  and  Marshal  of  said  Court,  at  the  same  time  that  the 
Judge  and  Clerk  of  the  Circuit  Court  are  elected  for  the  county 
of  Jefferson,  and  they  shall  hold  their  offices  for  the  same  time,  and 
shall  be  removable  in  the  same  manner :  Provided^  that  the  Marshal 
of  said  Court  shall  be  ineligible  for  the  succeeding  term. 

Sec.  41.  The  City  Court  of  Louisville,  the  Lexington  City  Court, 
and  all  other  Police  Courts  established  in  any  city  or  town,  shall  re- 
main until  otherwise  directed  by  law,  with  their  present  powers  and 
jurisdictions ;  and  the  Judges,  Clerks,  and  Marshals  of  such  Courts 
shall  have  the  same  qualifications,  and  shall  be  elected  by  the  quali- 
fied voters  of  such  cities  or  towns,  at  the  same  time,  and  in  the  same 
maner,  and  hold  their  offices  for  the  same  term  as  County  Judges, 
Clerks,  and  Sheriffs,  respectively,  and  shall  be  liable  to  removal  in 
the  same  manner.  The  General  Assembly  may  vest  judicial 
powers,  for  police  purposes,  in  Mayors  of  cities,  Police  Judges,  and 
Trustees  of  towns. 

ARTICLE  V. —  Concerning  Impeachments. 

Sec.  L  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirma- 
tion. No  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

Sec.  3.  The  Governor  and  all  civil  officers,  shall  be  liable  to  im- 
peachment for  any  misdemeanor  in  oflnce  ;  but  judgment  in  such 
cases  shall  not  extend  further  than  to  removal  from  oflSce,  and  disqual- 
ification to  hold  any'  oflSce  of  honor,  trust,  or  profit,  under  this  Com- 
monwealth ;  but  the  party  convicted  shall,  nevertheless,  be  subject 
and  liable  to  indictment,  trial,  and  punishment  by  law. 

ARTICLE  VI. —  Concerning  Executive  and  Ministerial  Officers  for 
■    Counties  and  Districts. 

Sec.  1.  A  Commonwealth's  Attorney  for  each  judicial  district,  and 
a  Circuit  Court  Clerk  for  each  county,  shall  be  elected,  whose  term 
of  office  shall  be  the  same  as  that  of  the  Circuit  Judges ;  also,  a 
County  Court  Clerk,  an  Attorney,  Surveyor,  Coroner,  and  Jailer,  for 
each  county,  whose  term  of  office  shall  be  the  same  as  that  of  the 
Presiding  Judge  of  the  County  Court. 

Sec.  2.  No  person  shall  be  eligible  to  the  offices  mentioned  in  this 
article,  who  is  not  at  the  time  twenty  four  years  old,  (except  Clerks 


KENTUCKY.  tt 390 


of  County  and  Circuit  Courts,  Sheriffs,  Constables,  and  County  At- 
torneys, who  shall  be  eligible  at  the  age  of  twenty-one  years,)  a 
citizen  of  the  United  States,  and  who  has  not  resided  two  years  next 
preceding  the  election,  in  the  State,  and  one  year  in  the  county  or 
district  for  which  he  is  a  candidate.  No  person  shall  be  eligible  to 
the  office  of  Commonwealth's  or  County  Attorney,  unless  he  shall 
have  been  a  licensed  practicing  attorney  for  two  years.  No  person 
shall  be  eligible  to  the  office  of  Clerk  unless  he  shall  have  procured 
from  a  Judge  of  the  Court  of  Appeals,  or  a  Judge  of  the  Circuit 
Court,  a  certificate  that  he  has  been  examined  by  the  Clerk  of  his 
Court,  under  his  supervision,  and  that  he  is  qualified  for  the  office 
for  which  he  is  a  candidate. 

Sec.  3.  The  Commonwealth's  Attorney  and  Circuit  Court  Clerk 
shall  be  elected  at  the  same  time  as  the  Circuit  Judge — the  Com- 
monwealth's Attorney  by  the  qualified  voters  of  the  district,  the 
Circuit  Court  Clerk  by  the  qualified  voters  of  the  county.  The 
County  Attorney,  Clerk,  Surveyor,  Coroner,  and  Jailer,  shall  be 
elected  at  the  same  time,  and  in  the  same  manner,  as  the  Presiding 
Judge  of  the  County  Court. 

Sec.  4.  A  Sheriff  shall  be  elected  in  each  county,  by  the  qualified 
voters  thereof,  whose  term  of  office  shall,  after  the  first  term,  be  two 
years,  and  until  his  successor  he  qualified ;  and  he  shall  be  re-eligi- 
ble for  a  second  term ;  but  no  Sheriff  shall,  afler  the  expiration  of 
the  second  term,  be  re-eligible,  or  act  as  deputy,  for  the  succeeding 
term.  The  first  election  of  Sheriff  shall  be  on  the  second  Monday 
in  May,  1851  ;  and  the  Sheriffs,  then  elected,  shall  hold  their  offices 
until  the  first  Monday  in  January,  1853,  and  until  their  successors 
be  qualified ;  and  on  the  first  Monday  in  August,  1852,  and  on  the 
first  Monday  of  August  in  every  second  year  thereafter,  elections  for 
Sheriffs  shall  be  held :  Provided,  that  the  Sheriffs  first  elected,  shall 
enter  upon  the  duties  of  their  respective  offices  on  the  first  Monday 
in  June,  1851,  and  after  the  first  election  on  the  first  Monday  in  Jan- 
uary next  succeeding  their  election. 

Sec.  5.  A  Constable  shall  be  elected  in  every  Justice's  District, 
who  shall  be  chosen  for  two  years,  at  such  time  and  place  as  may  be 
provided  by  law,  whose  jurisdiction  shall  be  co-extensive  with  the 
county  in  which  he  may  reside. 

Sec.  6.  Officers  for  towns  and  cities  shall  be  elected  for  such 
terms,  and  in  such  manner,  and  with  such  qualifications,  as  may  be 
prescribed  by  law. 

Sec.  7.  Vacancies  in  offices  under  this  article  shall  be  filled,  until 
the  next  regular  election,  in  such  manner  as  the  General  Assembly 
may  provide. 

,  Sec.  8.  When  a  new  county  shall  be  erected,  officers  for  the  same, 
to  serve  until  the  next  stated  election,  shall  be  elected,  or  appointed 
in  such  way  and  at.  such  times  as  the  General  Assembly  may  pre- 
scribe. 

Sec.  9.  Clerks,  Sheriffs,  Surveyors,  Coroners,  Constables,  and  Jail- 
28 


3906  CONSTITUTION    OF 

ers,  and  such  other  officers  as  the  General  Assembly  may,  from  time  to 
time  require,  shall,  before  they  enter  upon  the  duties  of  their  respec- 
tive offices,  and  as  often  thereafter  as  may  be  deemed  proper,  give 
such  bond  and  security  as  shall  be  prescribed  by  law. 

Sec.  10.  The  General  Assembly  may  provide  for  the  election  or 
appointment,  for  a  term  not  exceeding  four  years,  of  such  other 
county  or  district  ministerial  and  executive  offices  as  shall,  from 
time  to  time,  be  necessary  and  proper. 

Sec.  11.  A  County  Assessor  shall  be  elected  in  each  county  at  the 
same  time  and  for  the  same  term  that  the  Presiding  Judge  of  the 
County  Court  is  elected,  until  otherwise  provided  for  by  law.  He 
shall  have  power  to  appoint  such  assistants  as  may  be  necessary 
and  proper. 

ARTICLE  VII. —  Concerning  the  Militia. 

Sec.  1.  The  Militia  of  this  Commonwealth  shall  consist  of  all  free, 
able-bodied  male  persons  (negroes,  mulattoes,  and  Indians  excepted,) 
resident  in  the  same,  between  the  ages  of  eighteen  and  forty -five 
years ;  except  such  persons  as  now  are,  or  hereafter  may  be,  exempt- 
ed by  the  laws  of  the  United  States  or  of  this  State ;  but  those  who 
belong  to  religious  societies,  whose  tenets  forbid  them  to  carry  arms, 
shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for  per- 
sonal services. 

Sec.  2.  The  Governor  shall  appoint  the  Adjutant  General,  and 
his  other  staff  officers ;  the  Major  Generals,  Brigadier  Generals,  and 
Commandants  of  Regiments,  shall,  respectively,  appoint  their  staff 
officers;  and  CommandaSts  of  Companies  shall  appoint  their  non- 
commissioned officers. 

Sec.  3.  All  militia  officers,  whose  appointment  is  not  herein  other- 
wise provided  for,  shall  be  elected  by  persons  subject  to  military 
duty,  within  their  respective  companies,  battalions,  regiments,  bri- 
gades, and  divisions,  under  such  rules  and  regulations,  and  for  such 
terms,  not  exceeding  six  years,  as  the  General  Assembly  may,  from 
time  to  time,  direct  and  establish. 

ARTICLE  YWL— General  Provisions. 

Sec.  1.  Members  of  the  General  Assembly,  and  all  officers,  before 
they  enter  upon  the  execution  of  the  duties  of  their  respective  offices, 
and  all  members  of  the  bar,  before  they  enter  upon  the  practice  of 
their  profession,  shall  take  the  following  oath  or  affirmation :  I  do 
solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of  this 
State,  and  be  faithful  and  true  to  the  Commonwealth  of  Kentucky, 
so  long  as  I  continue  a  citizen  thereof,  and  that  I  will  faithfully  ex- 
ecute, to  the  best  of  my  abilities  the  office  of  according  to 
law ;  and  I  do  further  solemnly  swear,  (or  affirm,)  that  since  the 
adoption  of  the  present  Constitution,  I,  being  a  citizen  of  this  State, 
have  not  fought  a  duel,  with  deadly  weapons,  within  this  State  nor 


KENTUCKY.  c390 


out  of  it,  with  a  citizen  of  this  State,  nor  have  I  sent  or  accepted  a 
challenge  to  fight  a  duel  with  deadly  weapons,  with  a  citizen  of  this 
State ;  nor  have  I  acted  as  second  in  carrying  a  challenge,  or  aided, 
or  assisted  any  person  thus  offending — so  held  me  God. 

Sec.  2.  Treason  against  the  Commonwealth  shall  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason,  unless 
on  the  testimony  of  two  \fitnesses  to  the  same  over  act  or  his  own 
confession  in  open  court. 

Sec.  3.  Every  person  shall  be  disqualified  from  holding  any  office 
of  trust  or  profit  for  the  term  for  which  he  shall  have  been  elected, 
who  shall  be  convicted  of  having  given  or  offered  any  bribe  or  treat 
to  procure  his  election. 

Sec.  4.  Laws  shall  be  made  to  exclude  from  office  and  from  suf- 
frage, those  who  shall  thereafter  be  convicted  of  bribery,  perjury, 
forgery,  or  other  crimes  or  high  misdemeanors.  The  privilege  of 
free  suffrage  shall  be  supported  by  laws  regulating  elections,  and 
prohibiting,  under  adequate  penalties,  all  undue  influence  thereon 
from  power,  bribery,  tumult,  or  other  improper  practices. 

Sec.  5.  No  money  shall  be  drawn  from  the  Treasury,  but  in  pur- 
suance of  appropriations  made  by  law,  nor  shall  any  appropriations 
of  money  for  the  support  of  an  army  be  made  for  a  longer  time 
than  two  years,  and  a  regular  statement  and  account  of  the  receipts 
and  expenditures  of  all  public  money  shall  be  published  annually. 

Sec  6.  The  General  Assembly  may  direct,  by  law,  in  what  man- 
ner, and  in  what  Courts,  suits  may  be  brought  against  the  Com- 
monwealth. 

Sec.  7.  The  manner  of  administering  an  oath  or  affirmation  shall 
be  such  as  is  most  consistent  with  the  conscience  of  the  deponent, 
and  shall  be  esteemed  by  the  General  Assembly  the  most  solemn 
appeal  to  God. 

Sec  8.  All  laws  which,  on  the  first  day  of  June,  one  thousand 
seven  hundred  and  ninety  two,  were  in  force  in  the  State  of  Virginia, 
and  which  are  of  a  general  nature,  and  not  local  to  that  State,  and 
not  repugnant  to  this  Constitution,  nor  to  the  laws  which  have  been 
enacted  by  the  General  Assembly  of  this  Commonwealth,  shall  be 
in  force  within  this  State,  until  they  shall  be  altered  or  repealed  by 
the  General  Assembly. 

Sec  9.  The  compact  with  the  State  of  Virginia,  subject  to  such 
alterations  as  may  be  made  therein  agreeably  to  the  mode  prescribed 
by  the  said  compact,  shall  be  considered  as  part  of  this  Constitution. 

Sec.  10.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
such  laws  as  shall  be  necessary  and  proper  to  decide  differences  by 
arbitrators,  to  be  appointed  by  the  parties  who  may  choose  that 
summary  mode  of  adjustment. 

Sec  11.  All  civil  officers  for  the  Commonwealth,  at  large,  shall 
reside  within  the  State,  and  all  district,  county,  or  town  officers, 
within  their    respective  districts,  counties,  or  towns,   (trustees  of 


S90d 


CONSTITUTION    OF 


towns  excepted,)  and  shall  keep  their  offices  at  such  places  therem 
as  may  be  required  by  law ;  and  all  militia  officers  shall  reside  in 
the  bounds  of  the  division,  brigade,  regiment,  battalion,  or  company, 
to  which  they  may  severally  belong. 

Sec.  12.  Absence  on  the  business  of  this  State,  or  the  United 
States,  shall  not  forfeit  a  residence  once  obtained,  so  as  to  deprive 
any  one  of  the  right  of  suffrage,  or  of  being  elected  or  appointed  *to 
any  office  under  this  Commonwealth,  under  the  exceptions  contained 
in  this  Constitution. 

Sec.  13.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate, 
by  law,  in  what  cases,  and  what  deductions  from  the  salaries  of 
public  officers  shall  be  made,  for  neglect  of  duty  in  their  official 
capacity. 

Sec.  14.  Returns  of  all  elections  by  the  people,  shall  be  made  to 
the  Secretary  of  State,  for  the  time  being,  except  in  those  cases 
otherwise  provided  for  in  this  Constitution,  or  which  shall  be  other- 
wise directed  by  law. 

Sec.  15.  In  all  elections  by  the  people,  and  also  by  the  Senate  and 
House  of  Representatives,  jointly  or  separately,  the  votes  shall  be 
personally  and  publicly  given,  viva  voce  :  Provided,  that  dumb  per- 
sons, entitled  to  suffi-age,  may  vote  by  ballot. 

Sec.  16.  All  elections  by  the  people  shall  be  held  between  the 
hours  of  six  o'clock  in  the  morning  and  seven  o'clock  in  the  evening. 

Sec.  17.  The  General  Assembly  shall,  by  law,  prescribe  the  time 
when  the  several  officers  authorized  or  directed  by  this  Constitution 
to  be  elected  or  appointed,  shall  enter  upon  the  duties  of  their  re- 
spective offices,  except  where  the  time  is  fixed  by  this  Constitution. 

Sec.  18.  No  member  of  Congress,  nor  person  holding  or  exercis- 
ing any  office  of  trust  or  profit  under  the  United  States,  or  either 
of  them,  or  under  any  foreign  power,  shall  be  eligible  as  a  member 
of  the  General  Assembly  of  this  Commonwealth,  or  hold  or  exercise 
any  office  of  trust  or  profit  under  the  same. 

Sec.  19.  The  General  Assembly  shall  direct,  by  law,  how  persons 
who  now  are,  or  who  may  hereafter  become  securities  for  public 
officers,  may  be  relieved  or  discharged  on  account  of  such  securityship. 

Sec.  20.  Any  person  who  shall,  after  the  adoption  of  this  Consti- 
tution, either  directly  or  indirectly,  give,  accept,  or  knowingly  carry 
a  challenge  to  any  person  or  persons,  to  fight  in  single  combat,  with 
a  citizen  of  this  State,  with  any  deadly  weapon,  either  in  or  out  of 
the  State,  shall  be  deprived  of  the  right  to  hold  any  office  of  honor 
or  profit  in  this  Commonwealth,  and  shall  be  punished  otherwise  in 
such  manner  as  the  General  Assembly  may  prescribe  by  law. 

Sec.  21.  The  Governor  shall  have  power,  after  five  years  from  the 
time  of  the  offence,  to  pardon  all  persons  who  shall  have  in  anywise 
participated  in  a  duel,  either  as  principals,  seconds,  or  otherwise,  and 
to  restore  him  or  them  to  all  the  rights,  privileges  and  immunities 
to  which  he  or  they  were  entitled  before  such  participation.  ,  And 


KENTUCKY.  C  390 


upon  the  presentation  of  such  pardon,  the  oath  prescribed  in  the  first 
section  of  this  article  shall  be  varied  to  suit  the  case. 

Sec.  22.  At  its  first  session  after  the  adoption  of  this  Constitution 
the  General  Assembly  shall  appoint  not  more  than  three  persons, 
learned  in  the  law,  whose  duty  it  shall  be  to  revise  and  arrange  the 
statute  laws  of  this  Commonwealth,  both  civil  and  criminal,  so  as  to 
have  but  one  law  on  any  one  subject ;  and  also,  three  other  persons, 
learned  in  the  law,  whose  duty  it  shall  be  to  prepare  a  code  of  prac- 
tice for  the  Courts,  both  civil  and  criminal,  in  this  Commonwealth, 
by  abridging  and  simplifying  the  rules  of  practice  and  laws  in  relation 
thereto ;  all  of  whom  shall,  at  as  early  a  day  as  practicable,  re- 
port the  result  of  their  labors  to  the  General  Assembly,  for  their 
adoption  or  modification. 

Sec.  23.  So  long  as  the  Board  of  Internal  Improvement  shall  be 
continued,  the  President  thereof  shall  be  elected  by  the  qualified 
voters  of  this  Commonwealth,  and  hold  the  office  for  the  term  of 
four  years,  and  until  another  be  duly  elected  and  qualified.  The 
election  shall  be  held  at  the  same  time,  and  be  conducted  in  the 
same  manner,  as  the  election  of  Governor  of  this  Commonwealth 
under  this  Constitution ;  but  nothing  herein  contained  shall  prevent 
the  General  Assembly  from  abolishing  said  Board  of  Internal  Im- 
provement, or  the  office  of  President  thereof. 

Sec.  24.  The  General  Assembly  shall  provide,  by  law,  for  the 
trial  of  any  contested  election  of  Auditor,  Register,  Treasurer,  At- 
torney General,  Judges  of  Circuit  Courts,  and  all  other  officers  not 
otherwise  herein  specified. 

Sec.  25.  The  General  Assembly  shall  provide  by  law  for  the 
making  of  the  returns  by  the  proper  officers,  of  the  election  of  all 
officers  to  be  elected  under  this  Constitution  ;  and  the  Governor  shall 
issue  commissions  to  the  Auditor,  Register,  Treasurer,  President  of 
the  Board  of  Internal  Improvement,  Superintendent  of  Public  In- 
struction, and  such  other  officers  as  he  may  be  directed,  by  law,  to 
commission,  as  soon  as  he  has  ascertained  the  result  of  the  election 
of  those  officers  respectively. 

Sec.  26.  When  a  vacancy  shall  happen  in  the  office  of  Attorney 
General,  Auditor  of  Public  Accounts,  Treasurer,  Register  of  the  Land 
Office,  President  of  the  Board  of  Internal  Improvement,  or  Superin- 
tendent of  Public  Instruction,  the  Governor,  in  the  recess  of  the 
Senate,  shall  have  power  to  fill  the  vacancy  by  granting  commissions 
which  shall  expire  at  the  end  of  the  next  session,  and  shall  fill  the 
vacancy  for  the  balance  of  the  time  by  and  with  the  advice  and  con- 
sent of  the  Senate. 


ARTICLE  IX. — Concerning  the  seat  of  Government. 

The  seat  of  government  shall  continue  in  the  city  of  Frankfort, 
until  it  shall  be  removed  by  law  :  Provided^  hoioever^  that  two-thirds 
of  all  the  members  elected  to  each  house  of  the  General  Assembly 
shall  concur  in  the  passage  of  such  law. 


390/  CONSTITUTION    OF 


ARTICLE  X. —  Concerning  Slaves. 

Sec.  1.  The  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves  without  the  consent  of  their 
owners,  or  without  paying  their  owners,  previous  to  such  emancipa- 
tion, a  full  equivalent  in  money  for  the  slaves  so  emancipated,  and 
providing  for  their  removal  from  the  State.  They  shall  have  no 
power  to  prevent  immigrants  to  this  State  from  bringing  with  them 
such  persons  as  are  deemed  slaves  by  the  laws  of  any  of  the  United 
States,  so  long  as  any  person  of  the  same  age  or  description  shall 
be  continued  in  slavery  by  the  laws  of  this  State.  They  shall  pass 
laws  to  permit  owners  of  slaves  to  emancipate  them,  saving  the 
rights  of  creditors,  and  to  prevent  them  from  remaining  in  this 
State  after  they  are  emancipated.  They  shall  have  full  power  to 
prevent  slaves  being  brought  into  this  State  as  merchandise.  They 
shall  have  full  power  to  prevent  slaves  being  brought  into  this  State, 
who  have  been,  since  the  first  day  of  January,  one  thousand  seven 
hundred  and  eighty  nine,  or  may  hereafter  be  imported  into  any  of 
the  United  States  from  a  foreign  country.  And  they  shall  have 
full  power  to  pass  such  laws  as  may  be  necessary  to  oblige  the  own- 
ers of  slaves  to  treat  them  with  humanity ;  to  provide  for  them  ne- 
cessary clothing  and  provision  ;  to  abstain  from  all  injuries  to  them, 
extending  to  life  or  limb ;  and  in  case  of  their  neglect  or  refusal  to 
comply  with  the  directions  of  such  laws,  to  have  such  slave  or  slaves 
sold  for  the  benefit  of  their  owner  or  owners. 

Sec.  2.  The  General  Assembly  shall  pass  laws  providing  that  any 
free  negro  or  mulatto  hereafter  immigrating  to,  and  any  slave  here- 
after emancipated  in,  and  refusing  to  leave  this  State,  or  having  left, 
shall  return  and  settle  within  this  State,  shall  be  deemed  guilty  of 
felony,  and  punished  by  confinement  in  the  Penitentiary  thereof. 

Sec.  3.  In  the  prosecution  of  slaves  for  felony,  no  inquest  by  a 
grand  jury  shall  be  necessary ;  but  the  proceedings  in  such  prosecu- 
tions shall  be  regulated  by  law,  except  that  the  General  Assembly 
shall  have  no  power  to  deprive  them  of  the  privilege  of  an  impartial 
trial  by  a  petit  jury. 

ARTICLE  XI. —  Co7icerning  Education. 

Sec.  L  The  capital  of  the  fund  called  and  known  as  the  "  Common 
School  Fund,"  consisting  of  one  million  two  hundred  and  twenty 
five  thousand  seven  hundred  and  sixty  eight  dollars  and  forty  two 
cents,  for  which  bonds  have  been  executed  by  the  State  to  the  Board 
of  Education,  and  seventy  three  thousand  five  hundred  dollars  of 
stock  in  the  Bank  of  Kentucky  ;  also,  the  sum  of  fifty  one  thousand 
two  hundred  and  twenty  three  dollars  and  twenty  nine  cents,  bal- 
ance of  interest  on  the  School  Fund  for  the  year  1848,  unexpended, 
together  with  any  sum  which  may  be  hereafter  raised  in  the  State  by 
taxation,  or  otherwise,  for  purposes  of  education,  shall  be  held  invi- 
olate, for  the  purpose  of  sustaining  a  system  of  Common  Schools. 


KENTUCKY.  g 890 


The  interest  and  dividends  of  said  funds,  together  with  any  sum 
which  may  be  produced  for  that  purpose  by  taxation  or  otherwise, 
may  be  appropriated  in  aid  of  Common  Schools,  but  for  no  other 
purpose.'  The  General  Assembly  shall  invest  said  fifty  one  thousand 
two  hundred  and  twenty  three  dollars  and  twenty  nine  cents  in  some 
safe  and  profitable  manner ;  and  any  portion  of  the  interest  and  divi- 
dends of  said  School  Fund,  or  other  money  or  property  raised  for 
school  purposes,  which  may  not  be  needed  in  sustaining  Common 
Schools,  shall  be  invested  in  like  manner.  The  General  Assembly  shall 
make  provision,  by  law,  for  the  payment  of  the  interest  of  said  School 
Fund :  Provided^  that  each  county  shall  be  entitled  to  its  proportion 
of  the  income  of  said  fund,  and  if  not  called  for,  for  common  school 
purposes,  it  shall  be  re-invested  from  time  to  time  for  the  benefit 
of  such  county. 

Sec.  2.  A  Superintendent  of  Public  Instruction  shall  be  elected  by 
the  qualified  voters  of  this  Commonwealth,  at  the  same  .fime  the 
Governor  is  elected,  who  shall  hold  his  office  for  four  years,  and  his 
duties  and  salary  shall  be  prescribed  and  fixed  by  law. 

ARTICLE  XII. — Mode  of  revising  the  Constitutio7i. 

Sec.  1.  When  experience  shall  point  out  the  necessity  of  amend- 
ing this  Constitution,  and  when  a  majority  of  all  the  members  elected 
to  each  house  of  the  General  Assembly  shall,  within  the  first  twenty 
days  of  any  regular  session,  concur  in  passing  a  law  for  taking  the 
sense  of  the  good  people  of  this  Commonwealth  as  to  the  necessity 
and  expediency  of  calling  a  Convention,  it  shall  be  the  duty  of  the 
several  Sheriffs,  and  other  officers  of  elections,  at  the  next  general 
election  which  shall  be  held  for  representatives  to  the  General  As- 
sembly, after  the  passage  of  such  law,  to  open  a  poll  for,  and  make 
return  to  the  Secretary  of  State,  for  the  time  being,  of  the  names  of 
all  those  entitled  to  vote  for  representatives,  who  have  voted  for 
calling  a  Convention ;  and  if,  thereupon,  it  shall  appear  that  a  ma- 
jority of  all  the  citizens  of  this  State  entitled  to  vote  for  represen- 
tatives, have  voted  for  calling  a  Convention,  the  General  Assembly 
shall,  at  their  next  regular  session,  direct  that  a  similar  poll  shall  be 
opened,  and  return  made  for  the  next  election  for  representatives ; 
and  if,  thereupon,  it  shall  appear  that  a  majority  of  all  the  citizens 
of  this  State,  entitled  to  vote  for  representatives,  have  voted  for  call- 
ing a  Convention,  the  General  Assembly  shall,  at  their  next  session, 
pass  a  law  calling  a  Convention,  to  consist  of  as  many  members  as 
there  shall  be  in  the  House  of  Representatives,  and  no  more ;  to  be 
chosen  on  the  first  Monday  in  August  thereafter,  in  the  same  man- 
ner and  proportion,  and  at  the  same  places,  and  possessed  of  the 
same  qualifications  of  a  qualified  elector,  by  citizens  entitled  to  vote 
for  representatives;  and  to  meet  within  three  months  after  their 
election,  for  the  purpose  of  re-adopting,  amending,  or  changing  this 
Constitution ;  but  if  it  shall  appear  by  the  vote  of  either  year,  as 
aforesaid,  that  a  majority  of  all  the  citizens  entitled  to  vote  for  repre- 


B90h  CONSTITUTION    OF 

sentatives  did  not  vote  for  calling  a  Convention,  a  Convention  shall 
not  then  be  called.  And  for  the  purpose  of  ascertaining  whether  a 
majority  of  the  citizens,  entitled  to  vote  for  representatives,  did  or 
did  not  vote  for  calling  a  Convention,  as  above,  the  General  Assem- 
bly passing  the  law  authorizing  such  vote  shall  provide  for  ascertain- 
ing the  number  of  citizens  entitled  to  vote  for  representatives  within 
the  State. 

Sec.  2.  The  Convention,  when  asseinjDled,  shall  judge  of  the  elec- 
tion of  its  members  and  decide  contested  elections,  but  the  General 
Assembly  shall,  in  calling  a  Convention,  provide  for  taking  testi- 
mony in  such  cases  and  for  issuing  a  writ  of  election  in  case  of  a  tie. 

ARTICLE  Xm.— Bill  of  Rights. 

That  the  general,  great,  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established;  we  declare. 

Sec.  i.  That  all  freemen,  when  they  form  a  social  compact,  are 
equal,  and  that  no  man,  or  set  of  men,  are  entitled  to  exclusive, 
separate  public  emoluments  or  privileges  from  the  community,  but 
in  consideration  of  public  services. 

Sec.  2.  That  absolute,  arbitrary  power  over  the  lives,  liberty,  and 
property  of  freemen,  exists  nowhere  in  a  republic — not  even  in  the 
largest  majority. 

Sec.  3.  The  right  of  property  is  before  and  higher  than  any  con- 
stitutional sanction ;  and  the  right  of  the  owner  of  a  slave  to  such 
slave,  and  its  increase,  is  the  same,  and  as  inviolable  as  the  right  of 
the  owner  of  any  property  whatever. 

Sec.  4.  That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  happiness,  security,  and  the  protection  of  property. 
For  the  advancement  of  these  ends,  they  have  at  all  times  an  ina- 
lienable and  indefeasible  right  to  alter,  reform,  or  abolish  their 
government,  in  such  manner  as  they  may  think  proper. 

Sec.  5.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences ; 
that  no  man  shall  be  compelled  to  attend,  erect,,  or  support  any 
place  of  worship,  or  to  maintain  any  ministry  against  his  consent ; 
that  no  human  authority  ought,  in  any  case  whatever,  to  control  or 
interfere  with  the  rights  of  conscience ;  and  that  no  preference  shall 
ever  be  given,  by  law,  to  any  religious  societies  or  modes  of  wor- 
ship. 

Sec.  6.  That  the  civil  rights,  privileges,  or  capacities,  of  any 
citizen  shall  in  no  wise  be  diminished  or  enlarged  on  account  of  his 
religion. 

Sec.  7.  That  all  elections  shall  be  free  and  equal. 

Sec.  8.  That  the  ancient  mode  of  trial  by  jury  shall  be  held 
sacred,  and  the  right  thereof  remain  inviolate,  subject  to  such  modi- 
fications as  may  be  authorized  by  this  Constitution. 

Sec.  9.  That  printing  presses  shall  be  free  to  every  person  who 


KENTUCKY.  l 390 


undertakes  to  examine  the  proceedings  of  the  General  Assembly,  or 
any  branch  of  government,  and  no  law  shall  ever  be  made  to  re- 
strain the  right  thereof  The  free  communication  of  thoughts  and 
opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen 
may  freely  speak,  write,  and  print,  on  any  subject,  being  responsible 
for  the  abuse  of  that  liberty. 

Sec.  10.  In  prosecutions  for  the  publication  of  papers  investigat- 
ing the  official  conduct  of  officers  or  men  in  a  public  capacity,  or 
where  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence ;  and  in  all  indictments  for 
libels,  the  jury  shall  have  a  right  to  determine  the  law  and  the  facts, 
under  the  direction  of  the  Court,  as  in  other  cases.  " 

Sec.  11.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  from  unreasonable  seizures  and  searches, 
and  that  no  warrant  to  search  any  place,  or  to  seize  any  person,  or 
thing,  shall  issue,  without  describing  them  as  nearly  as  may  be,  nor 
without  probable  cause,  supported  by  oath  or  affirmation. 

Sec.  12.  That  in  all  criminal  prosecutions,  the  accused  hath  aright 
to  be  heard  by  himself  and  counsel ;  to  demand  the  nature  and 
cause  of  the  accusation  against  him ;  to  meet  the  witnesses  face  to 
face ;  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor ;  and  in  prosecutions  by  indictment  or  information,  a  speedy 
public  trial  by  an  impartial  jury  of  the  vicinage  ;  that  he  cannot  be 
compelled  to  give  evidence  against  himself;  nor  can  he  be  deprived 
of  his  life,  liberty,  or  property,  unless  by  the  judgment  of  his  peers, 
or  the  law  of  the  land. 

Sec.  13.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally,  by  information,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service,  in 
time  of  war  or  public  danger,  or  by  leave  of  the  Court,  for  oppres- 
sion or  misdemeanor  in  office. 

Sec.  14.  No  person  shall,  for  the  same  offence,  be  twice  put  in 
jeopardy  of  his  life  or  limb ;  nor  shall  any  man's  property  be  taken 
or  applied  to  public  use,  without  the  consent  of  his  representatives, 
and  without  just  compensation  being  previously  made  to  him. 

Sec.  15.  That  all  Courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have 
remedy  by  the  due  course  of  law,  and  right  and  justice  administered, 
without  sale,  denial,  or  delay. 

Sec.  16.  That  no  power  of  suspending  laws  shall  be  exercised, 
unless  by  the  General  Assembly,  or  its  authority. 

Sec.  17.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted. 

Sec.  18.  That  all  prisoners  shall  be  bailable  by  sufficient  securi- 
ties, unless  for  capital  offences,  when  the  proof  is  evident  or  pre- 
sumption great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 


B90j  CONSTITUTION    OF 


Sec.  19.  That  the  person  of  a  debtor,  where  there  is  not  strong 
presumption  of  fraud,  shall  not  be  continued  in  prison  after  deliver- 
ing up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  20.  That  no  ex  post  facto  law,  nor  any  law  impairing  con- 
tracts, shall  be  made. 

Sec  21.  That  no  person  shall  be  attainted  of  treason  or  felony  by 
the  General  Assembly. 

Sec  22.  That  no  attainder  shall  work  corruption  of  blood,  nor, 
except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the  Com- 
monwealth. 

Sec  23.  That  'the  estates  of  such  persons  as  shall  destroy  their 
own  lives,  shall  descend  or  vest  as  in  case  of  natural  death ;  and  if 
any  person  shall  be  killed  by  casualty,  there  shall  be  no  forfeiture 
by  reason  thereof 

Sec  24.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  their  common  good,  and  to  apply  to  those 
invested  with  the  powers  of  government,  for  redress  of  grievances, 
or  other  proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec  25.  That  the  rights  of  the  citizens  to  bear  arms  in  defence 
of  themselves  and  the  State  shall  not  be  questioned  ;  but  the  General 
Assembly  may  pass  laws  to  prevent  persons  from  carrying  con- 
cealed arms. 

Sec  26.  That  no  standing  army  shall,  in  time  of  peace,  be  kept 
up,  without  the  consent  of  the  General  Assembly ;  and  the  military 
shall,  in  all  cases,  and  at  all  times,  be  in  strict  subordination  to  the 
civil  power. 

Sec  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but 
in  a  manner  to  be  prescribed  by  law. 

Sec  28.  That  the  General  Assembly  shall  not  grant  any  title  of 
nobility,  or  hereditary  distinction,  nor  create  any  office,  the  appoint- 
ment to  which  shall  be  for  a  longer  time  than  for  a  term  of  years. 

Sec  29.  That  emigration  from  the  State  shall  not  be  prohibited. 

Sec  30.  To  guard  against  transgressions  of  the  high  powers 
which  we  have  delegated,  we  declare,  that  everything  in  this  article 
is  excepted  out  of  the  general  powers  of  government,  and  shall  for- 
ever remain  inviolate ;  and  that  all  laws  contrary  thereto,  or  con- 
trary to  this  Constitution,  shall  be  void. 


KENTUCKY.  ^  390 


SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  made  in 
the  Constitution  of  tlii.s  Commonwealth,  and  in  order  to  carry  the  same  into  com- 
plete operation,  it  is  hereby  declared  and  ordained  : 

Sec.  1,  That  all  the  laws  of  this  Commonwealth,  in  force  at  the  time  of  the 
adoption  of  this  Constitution,  and  not  inconsistent  therewith,  and  all  rights,  actions, 
prosecutions,  claims,  and  contracts,  as  well  of  individuals  as  of  bodies  corporate, 
shall  continue  as  if  this  Constitution  had  not  been  adopted. 

Sec.  2.  The  oaths  of  office  herein  directed  to  be  taken  may  be  administered  by 
any  Judge  or  Justice  of  the  Peace,  until  the  General  Assembly  shall  otherwise 
direct. 

Sec.  3.  No  office  shall  be  superseded  by  the  adoption  of  this  Constitution,  but 
the  laws  of  the  State  relative  to  the  duties  of  the  several  officers.  Legislative, 
Executive,  Judicial,  and  Military,  shall  remain  in  full  force,  though  the  same  be 
contrary  to  this  Constitution,  and  the  several  difties  shall  be  performed  by  the 
respective  officers  of  the  State,  according  to  the  existing  laws,  until  the  organiza- 
tion of  the  Government,  as  provided  for  under  this  Constitution,  and  the  entering 
into  office  of  the  officers  to  be  elected  or  appointed  under  said  Government  and  no 
longer. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly  which  shall  convene  in  the 
year  1850,  to  make  an  apportionment  of  the  representation  of  this  State,  upon  the 
principle  set  forth  in  this  Constitution  ;  and  until  the  first  apportionment  shall  be 
made  as  herein  directed,  the  apportionment  of  Senators  and  Representatives  among 
the  several  districts  and  counties  in  this  State,  shall  remain  as  at  present  fixed  by 
law:  Provided,  that  on  the  first  Monday  in  August,  1850,  aU  Senators  shall  go 
out  of  office,  and  on  that  day  an  election  for  Senators  and  Representatives  shall  be 
held  throughout  the  State,  and  those  then  elected  shall  hold  their  offices  for  one 
year,  and  no  longer:  Provided furtker,  that  at  the  elections  to  be  held  in  the  year 
1850,  that  provision  in  this  Constitution  which  requires  voters  to  vote  in  the  pre- 
cinct within  which  they  reside,  shall  not  apply. 

Sec.  5.  All  recognizances  heretofore  taken,  or  which  may  be  taken  before  the 
organization  of  the  judicial  department  under  this  Constitution,  shall  remain  as 
valid  as  though  this  Constitution  had  not  been  adopted,  and  may^be  prosecuted  in 
the  name  of  the  Commonwealth.  All  criminal  prosecutions  and  penal  actions 
which  have  arisen,  or  may  arise  before  the  re-organization  of  the  judicial  depart- 
ment under  this  Constitution,  may  be  prosecuted  to  judgment  and  execution,  in  the 
name  of  the  Commonwealth. 

"  "We,  the  Representatives  of  the  freemen  of  Kentucky,  in  Convention  assembled, 
in  their  name,  and  by  the  authority  of  the  Commonwealth  of  Kentucky,  and  in  vir- 
tue of  the  powers  vested  in  us,  as  Delegates  from  the  counties  respectively  affixed 
to  our  names,  do  ordain  and  proclaim  the  foregoing  to  be  the  Constitution  of  the 
Commonwealth  of  Kentucky  from  and  after  this  day. 

"  Done  at  Frankfort  this  eleventh  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty,  and  in  the  fifty  ninth  year  of  the  Common- 
wealth." 

JAMES  GUTHRIE, 
President  of  the  Convention,  and  member  from  the  city  of  Louisville. 


OHIO. 


Ohio  is  the  most  populous,  wealthy  and  improved  State  west  of  the  Alle- 
ghany mountains.  The  first  white  settlement  was  made  in  1788,  yet  now  i. 
is  the  third  State  in  the  union  in  population.  In  1799  Ohio  formed  a  ter- 
ritorial government,  and  in  1802  adopted  its  Constitution,  and  was  admitted 
into  the  Union.    A  new  constitution  was  adopted  in  1851. 

Area,  40,000  sq.  m.    Pop.  in  1850,  1,977,031. 

CONSTITUTION. 

We,  the  people  of  the  State  of  Ohio,  grateful  to  Almighty  God 
for  our  freedom,  to  secure  its  .blessings  and  promote  our  common 
welfare,  do  establish  this  constitution. 

ARTICLE  \.— Bill  of  Rights. 

Sec.  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting  pro- 
perty, and  seeking  and  obtaining  happiness  and  safety. 

2.  All  political  power  is  inherent  in  the  people.  Government  is 
instituted  for  their  equal  protection  and  benefit,  and  they  have  the 


392  CONSTITUTION    OF 


right  to  alter,  reform,  or  abolish  the  same,  whenever  they  may  deem 
it  necessary ;  and  no  special  privileges  or  immunities  shall  ever  be 
granted  that  may  not  be  altered,  revoked,  or  repealed  by  the  Gene- 
ral Assembly. 

3.  The  people  have  the  right  to  assemble  together  in  a  peaceable 
manner,  to  consult  for  their  common  good,  to  instruct  their  repre- 
sentatives, and  to  petition  the  General  Assembly  for  the  redress  of 
grievances. 

4.  The  people  have  the  right  to  bear  arms  for  their  defence  and 
security ;  but  standing  armies  in  time  of  peace  are  dangerous  to 
liberty,  and  shall  not  be  kept  up  ;  and  the  military  shall  be  in  strict 
subordination  to  the  civil  power. 

5.  The  right  of  trial  by  jury  shall  be  inviolate. 

6.  There  shall  be  no  slavery  in  this  State,  nor  involuntary  servi 
tude,  unless  for  the  punishment  of  crime. 

7.  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience. 
No  person  shall  be  compelled  to  attend,  erect,  or  support  any  place 
of  worship,  or  maintain  any  form  of  worship,  against  his  consent; 
and  no  preference  shall  be  given  by  law  to  any  religious  society ; 
nor  shall  any  interference  with  th^  rights  of  conscience  be  permitted. 
No  religious  test  shall  be  required  as  a  qualification  for  office,  nor 
shall  any  person  be  incompetent  to  be  a  witness  on  account  of  his 
religious  belief;  but  nothing  herein  shall  be  construed  to  dispense 
with  oaths  and  affirmations.  Religion,  morality  and  knowledge, 
however*  being  essential  to  good  government,  it  shall  be  the  duty 
of  the  General  Assembly  to  pass  suitable  laws  to  protect  every 
religious  denomination  in  the  peaceable  enjoyment  of  its  own  mode  of 
public  worship,  and  to  encourage  schools  and  the  means  of  instruction. 

8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  cases  of  rebellion  or  invasion,  the  public  safety 
require  it. 

9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offences  where  the  proof  is  evident,  or  the  presumption  great. 
Excessive  bail  shall  not  be  required ;  nor  excessive  fines  imposed ; 
nor  cruel  and  unusual  punishments  inflicted. 

10.  Except  in  cases  of  impeachmerit,  and  cases  arising  in  the  army 
and  navy,  or  in  the  militia  when  in  actual  service  in  time  of  war  or 
public  danger,  and  in  cases  of  petit  larceny  and  other  inferior  offences, 
no  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  in- 
famous crime,  unless  on  presentment  or  indictment  of  a  grand  jury. 
In  any  trial,  in  any  court,  the  party  accused  shall  be  allowed  to  ap- 
pear and  defend  in  person  and  with  counsel ;  to  demand  the  nature 
and  cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof; 
to  meet  the  witnesses  face  to  face,  and  to  have  compulsory  process 
to  procure  the  attendance  of  witnesses  in  his  behalf,  and  a  speedy 
public  trial  by  an  impartial  jury  of  the  county  or  district,  in  which 
the  offence  is  alleged  to  have  been  committed  ;  nor  shall  any  person 


OHIO.  893 

be  compelled,  in  any  criminal  case,  to  be  a  witness  against  himself, 
or  be  twice  put  in  jeopardy  for  the  same  oifence. 

11.  Every  citizen  may  freely  speak,  write,  and  publish  his  sen- 
timents on  all  subjects,  being  responsible  for  the  abuse  of  the 
right ;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty 
of  speech,  or  of  the  press.  In  all  criminal  prosecutions  for  libel,  the 
truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  to 
the  jury,  that  the  matter  charged  as  libellous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted. 

12.  No  person  shall  be  transported  out  of  the  State,  for  any 
offence  committed  within  the  same ;  and  no  conviction  shall  work 
corruption  of  blood,  or  forfeiture  of  estate. 

13.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor,  in  time  of  war,  except  in  the 
manner  prescribed  by  law. 

14.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  i-gainst  unreasonable  searches  and  seizures 
shall  not  be  violated ;  and  no  warrant  shall  issue,  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  particularly  describing  the 
place  to  be  searched,  and  the  person  and  things  to  be  seized. 

15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action,  on 
mesne  or  final  process,  unless  in  cases  of  fraud. 

16.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him  in  his  land,  goods,  person,  or  reputation,  shall  have  remedy  by 
due  course  of  law;  and  justice  administered  without  denial  or  delay. 

17.  No  hereditary  emoluments,  honors,  or  privileges,  shall  ever 
be  granted  or  conferred  by  this  State. 

18.  No  power  of  suspending  laws  shall  ever  be  exercised,  except 
by  the  General  Assembly. 

19.  Private  property  shall  ever  be  held  inviolate,  but  subservient 
to  the  public  welfare.  When  taken  in  time  of  war  or  other  public 
exigency,  imperatively  requiring  its  immediate  seizure  or  for  the 
purpose  of  making-  or  repairing  roads,  which  shall  be  open  to  the 
public,  without  charge,  a  compensation  shall  be  made  to  the  owner, 
in  money  ;  and  in  all  other  cases,  where  private  property  shall  be 
taken  for  public  use,  a  compensation  therefor  shall  be  first  made  in 
money,  or  first  secured  by  a  deposit  of  money ;  and  such  compensa- 
tion shall  be  assessed  by  a  jury,  without  deduction  for  benefits  to  any 
property  of  the  owner. 

20.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people ;  and  all  powers,  not  herein 
delegated,  remain  with  the  people. 

ARTICLE  \l.— Legislative. 

Sec.  1.  The  Legislative  power  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate,  and  House  of 
Representatives. 


394  CONSTITUTION    OF 


2.  Senators  and  Representatives  shall  be  elected  biennally,  by  the 
electors  in  the  respective  counties  or  districts,  on  the  second  Tuesday 
of  October ;  their  term  of  office  shall  commence  on  the  first  day  of 
January  next  thereafter,  and  continue  two  years. 

3.  Senators  and  Representatives  shall  have  resided  in  their  re- 
spective counties,  or  districts,  one  year  next  preceding  their  election, 
unless  they  shall  have  been  absent  on  the  public  business  of  the 
United  States,  or  of  this  State. 

4.  No  person  holding  office  under  the  authority  of  the  United 
States,  or  any  lucrative  office  under  the  authority  of  this  State,  shall 
be  eligible  to,  or  have  a  seat  in,  the  General  Assembly ;  but  this 
provision  shall  not  extend  to  township  officers,  justices  of  the  peace, 
notaries  public,  or  officers  of  the  militia. 

5.  No  person  hereafter  convicted  of  an  embezzlement  of  the  pub- 
lic funds,  shall  hold  any  office  in  this  State  ;  nor  shall  any  person, 
holding  public  money  for  disbursement,  or  otherwise,  have  a  seat  in 
the  General  Assembly,  until  he  shall  have  accounted  for,  and  paid 
such  money  into  the  treasury. 

6.  Each  house  shall  be  judge  of  the  election,  returns,  and  qualifi- 
cations, of  its  own  members ;  a  majority  of  all  the  members  elected 
to  each  house,  shall  be  a  quorum  to  do  business;  but,  a  less  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties,  as  shall  be  pre- 
scribed by  law. 

7.  The  mode  of  organizing  the  House  of  Representatives,  at  the 
commencement  of  each  regular  session,  shall  be  prescribed  by  law. 

8.  Each  house,  except  as  otherwise  provided  in  this  constitution, 
shall  choose  its  own  officers,  may  determine  its  own  rules  of  proceed- 
ing, punish  its  members  for  disorderly  conduct ;  and,  with  the  con- 
currence of  two-thirds,  expel  a  member,  but  not  the  second  time  for 
the  same  cause  ;  and,  shall  have  all  other  powers,  necessary  to  pro- 
vide for  its  safety,  and  the  undisturbed  transaction  of  its  business. 

9.  Each  house  shall  keep  a  correct  journal  of  its  proceedings, 
which  shall  be  published.  At  the  desire  of  any  two  members,  the 
yeas  and  nays  shall  be  entered  upon  the  journal ;  and,  on  the  passage 
of  every  bill,  in  either  house,  the  vote  shall  be  taken  by  yeas  and 
nays,  and  entered  upon  the  journal ;  and  no  law  shall  be  passed,  in 
either  house,  without  the  concurrence  of  a  majority  of  all  the  mem- 
bers elected  thereto. 

10.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act,  or  resolution  thereof';  and  such  protest,  and  the 
reasons  therefor,  shall,  without  alteration,  commitment,  or  delay,  be 
entered  upon  the  journal. 

11.  All  vacancies  which  may  happen  in  either  house  shall,  for  the 
unexpired  term,  be  filled  by  election,  as  shall  be  directed  by  law. 

12.  Senators  and  Representatives,  during  the  session  of  the  Gene- 
ral Assembly,  and  in  going  to,  and  returning  from  the  same,  shall 
be  privileged  from  arrest,  in  all  cases,   except  treason,  felony,  or 


OHIO.  395 


breach  of  the  peace  ;  and  for  any  speech,  or  debate,  in  either  house, 
they  shall  not  be  questioned  elsewhere. 

13.  The  proceedings  of  both  houses  shall  be  public,  except  in  cases 
which,  in  the  opinion  of  two-thirds  of  those  present,  require  secrecy. 

14.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  two  days,  Sundays  excluded ;  nor  to  any  other  place 
than  that,  in  which  the  two  houses  shall  be  in  session. 

15.  Bills  may  originate  in  either  house ;  but  may  be  altered, 
amended,  or  rejected  in  the  other. 

16.  Every  bill  shall  be  fully  and  distinctly  read,  on  three  differ- 
ent days,  unless,  in  case  of  urgency,  three-fourths  of  the  house,  in 
which  it  shall  be  pending,  shall  dispense  with  this  rule.  No  l3ill 
shall  contain  more  than  one  subject,  which  shall  be  clearly  expressed 
in  its  title ;  and  no  law  shall  be  revived,  or  amended,  unless  the  new 
act  contain  the  entire  act  revived,  or  the  section  or  sections  amend- 
ed ;  and  the  section,  or  sections,  so  amended,  shall  be  repealed. 

17.  The  presiding  officer  of  each  house  shall  sign,  publicly  in  the 
presence  of  the  house  over  which  he  presides,  while  the  same  is  in 
session,  and  capable  of  transacting  business,  all  bills  and  joint  reso- 
lutions passed  by  the  General  Assembly. 

18.  The  style  of  the  laws  of  this  State  shall  be,  "  jBe  it  enacted  by 
the  General  Assembly  of  the  State  of  Ohio.'''' 

19.  No  Senator  or  Representative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  or  for  one  year  thereafter,  be  appointed 
to  any  civil  office  under  this  State,  which  shall  be  created  or  the 
emoluments  of  which,  shall  have  been  increased  during  the  term 
for  which  he  shall  have  been  elected. 

20.  The  General  Assembly,  in  cases  not  provided  for  in  this  con- 
stitution, shall  fix  the  term  of  office  and  the  compensation  of  all  offi- 
cers ;  but  no  change  therein  shall  affect  the  salary  of  any  officer  dur- 
ing his  existing  term,  unless  the  office  be  abolished. 

21.  The  General  Assembly  shall  determine,  by  law,  before  what 
authority,  and  in  what  manner,  the  trial  of  contested  elections  shall 
be  conducted. 

22.  No  money  shall  be  drawn  from  the  treasury,  except  in  pursu- 
ance of  a  specific  appropriation,  made  by  law ;  and  no  appropriation 
shall  be  made  for  a  longer  period  than  two  years. 

23.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment,  but  a  majority  of  the  members  elected  must  concur 
therein.  Impeachments  shall  be  tried  by  the  Senate ;  and  the  Sen- 
ators, when  sitting  for  that  purpose,  shall  be  upon  oath  or  affir- 
mation to  do  justice  according  to  law  and  evidence.  No  person 
shall  be  convicted,  without  the  concurrence  of  two-thirds  of  the 
Senators. 

24.  The  Governor,  Judges,  and  all  State  officers,  may  be  im- 
peached for  any  misdemeanor  in  office  ;  but  judgment  shall  not  ex- 
tend further  than  removal  from  office,  and  disqualification  to  hold 
any  office,  under  the  authority  of  this  State.     The  party  impeached, 

29 


396  CONSTITUTION    OF 


whether  convicted  or  not,  shall  be  liable  to  indictment,  trial,  and 
judgment,  according  to  law. 

25.  All  regular  sessions  of  the  General  Assembly  shall  commence 
on  the  first  Monday  of  January,  biennially.  The  first  session,  under 
this  constitution,  shall  commence  on  the  first  Monday  of  January, 
one  thousand  eight  hundred  and  fifty  two. 

26.  All  laws,  of  a  general  nature,  shall  have  a  uniform  operation 
throughout  the  State ;  nor,  shall  any  act*  except  such  as  relates  to 
public  schools,  be  passed,  to  take  effect  upon  the  approval  of  any 
other  authority  than  the  General  Assembly,  except,  as  otherwise 
provided  in  this  constitution. 

27.  The  election  and  appointment  of  all  officers,  and  the  filling  of 
all  vacancies,  not  otherwise  provided  for  by  this  constitution,  or  the 
constitution  of  the  United  States,  shall  be  made  in  such  manner  as 
may  be  directed  by  law  ;  but  no  appointing  power  shall  be  exercised 
by  tlie  General  Assembly,  except  as  prescribed  in  this  constitution, 
and  in  the^ election  of  United  States  Senators  ;  and  in  these  cases,  the 
vote  shall  be  taken  "  viva  voce.'''' 

28.  The  General  Assembly  shall  have  no  power  to  pass  but  may, 
by  general  laws,  authorize  courts  to  carry  into  effect,  upon  such 
terms  as  shall  be  just  and  equitable,  the  manifest  intention  of  par- 
ties, and  officers,  by  curing  omissions,  defects,  and  errors,  in  instru- 
ments and  proceedings,  arising  out  of  their  want  of  conformity  with 
the  laws  of  this  State. 

29.  No  extra  compensation  shall  be  made  to  any  officer,  public 
agent,  or  contractor,  after  the  service  shall  have  been  rendered,  or 
the  contract  entered  into ;  nor,  shall  any  money  be  paid,  on  any 
claim,  the  subject  matter  of  which  shall  not  have  been  provided  for 
by  pre-existing  law,  unless  such  compensation,  or  claim,  be  allowed 
by  two-thirds  of  the  members  elected  to  each  branch  of  the  General 
Assembly. 

30.  No  new  county  shall  contain  less  than  four  hundred  square 
miles  of  territory,  nor,  shall  any  county  be  reduced  below  that 
amount ;  and  all  laws  creating  new  counties,  changing  county  lines, 
or  removing  county  seats,  shall,  before  taking  effect,  be  submitted  to 
the  electors  of  the  several  counties  to  be  affected  thereby,  at  the 
next  general  election  after  the  passage  thereof,  and  be  adopted  by  a 
majority  of  all  the  electors  voting  at  such  election,  in  each  of  said 
counties ;  but  any  county  now  or  hereafter  containing  one  hundred 
thousand  inhabitants,  may  be  divided,  whenever  a  majority  of  the 
votei-s,  residing  in  each  of  the  proposed  divisions,  shall  approve  of 
the  law  passed  for  that  purpose ;  but,  no  town  or  city  within  the 
same,  shall  be  divided,  nor,  shall  either  of  the  divisions  contain  less 
than  twenty  thousand  inhabitants. 

31.  The  members  and  officers  of  the  General  Assembly  shall  re- 
ceive a  fixed  compensation,  to  be  prescribed  by  law,  and  no  other 
allowance  or  perquisites,  either  in  the  payment  of  postage  or  other- 


OHIO.  397 

wise ;  and  no  change  in  their  compensation  shall  take  effect  during 
their  term  of  office. 

32.  The  General  Assembly  shall  grant  no  divorce,  nor,  exercise 
any  judicial  power,  not  herein  expressly  conferred. 

ARTICLE  m.—jEJxecutive. 

Sec.  1.  The  Executive  Department  shall  consist  of  a  governor, 
lieutenant  governor,  secretary  of  state,  auditor,  treasurer,  and  an  at- 
torney general,  who  shall  be  chosen  by  the  electors  of  the  State,  on 
the  second  Tuesday  of  October,  and  at  the  places  of  voting  for  mem- 
bers of  the  General  Assembly.  ^ 

2.  The  governor,  lieutenant  governor,  secretary  of  state,  treasurer, 
and  attorney  general  shall  hold  their  offices  for  two  years  ;  and  the 
auditor  for  four  years.  Their  terms  of  office  shall  commence  on  the 
second  Moi;day  of  January  next  afteir  their  election,  and  continue 
until  their  successors  are  elected  and  qualified. 

3.  The  returns  of  every  election  for  the  officers,  named  in  the  fore- 
going section,  shall  be  sealed  up  and  transmitted  to  the  seat  of  go- 
vernment, by  the  returning  officers,  directed  to  the  President  of  the 
Senate,  who,  during  the  first  week  of  the  session,  shall  open  and 
publish  them,  and  declare  the  result,  in  the  presence  of  a  majority 
of  the  members  of  each  house  of  the  General  Assembly.  The  person 
having  the  highest  number  of  votes  shall  be  declared  duly  elected ; 
but  if  any  two  or  more  shall  be  highest,  and  equal  in  votes,  for  the 
same  office,  one  of  them  shall  be  chosen  by  the  joint  vote  of  both 
houses. 

4.  Should  there  be  no  session  of  the  General  Assembly  in  January 
next  after  an  election  for  any  of  the  officers  aforesaid,  the  returns  of 
such  election  shall  be  made  to  the  secretary  of  state,  and  opened, 
and  the  result  declared  by  the  Governor,  in  such  manner  as  may  be 
provided  by  law. 

5.  The  supreme  executive  power  of  this  State  shall  be  vested  in 
the  Governor. 

6.  He  may  require  •information,  in  writing,  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  shall  see  that  the  laws  are  faithfully  executed. 

7.  He  shall  communicate  at  every  session,  by  message,  to  the 
General  Assembly,  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  deem  expedient. 

8.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly by  proclamation,  and  shall  state  to  both  houses,  when  assem- 
bled, the  purpose  for  which  they  have  been  convened. 

9.  In  case  of  disagreement  between  the  two  houses,  in  respect  to 
the  time  of  adjournment,  he  shall  have  power  to  adjourn  the  Gene- 
ral Assembly  to  such  time  as  he  may  think  proper,  but  not  beyond 
the  regular  meetings  thereof 

10.  He  shall  be  commander-in-chief  of  the  military  and  naval 


398  CONSTITUTION    OF 


forces  of  the  State,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

11.  He  shall  have  power,  after  conviction,  to  grant  reprieves,  com- 
mutations, and  pardons,  for  all  crimes  and  offences,  except  treason 
and  cases  of  impeachment,  upon  such  conditions  as  he  may  think 
proper ;  subject,  however,  to  such  regulations,  as  to  the  manner  of 
applying  for  pardons,  as  may  be  prescribed  by  law.  Upon  conviction 
for  treason,  he  may  suspend  the  execution  of  the  sentence,  and  re- 
port the  case  to  the  General  Assembly,  at  its  next  meeting,  when 
the  General  Assembly  shall  either  pardon,  commute  the  sentence, 
direct  its  execution,  or  grant  a  further  reprieve.  He  shall  communi- 
cate to  the  General  Assembly,  at  every  regular  session,  each  case  of 
reprieve,  commutation,  or  pardon  granted,  stating  the  name  and 
crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of  the  com- 
mutation, pardon,  or  reprieve,  with  his  reasons  therefor. 

12.  There  shall  be  a  seal  of  the  State,  which  shall  be^kept  by  the 
Governor,  and  used  by  him  officially ;  and  shall  be  called  "  The 
Great  Seal  of  the  State  of  Ohio." 

13.  All  grants  and  commissions  shall  be  issued  in  the  name,  and 
by  the  authority,  of  the  State  of  Ohio  ;  sealed  with  the  Great  Seal ; 
signed  by  the  Governor,  and  countersigned  by  the  Secretary  of  State. 

14.  No  member  of  Congress,  or  other  pferson  holding  office  under 
the  authority  of  this  State,  or  of  the  United  States,  shall  execute  the 
office  of  Governor,  except  as  herein  provided. 

15.  In  case  of  the  death,  impeachment,  resignation,  removal,  or 
other  disability  of  the  Governor,  the  powers  and  duties  of  the  office, 
for  the  residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the  dis- 
ability removed,  shall  devolve  upon  the  Lieutenant  Governor. 

16.  The  Lieutenant  Governor  shall  be  President  of  the  Senate,  but 
shall  vote  only  when  the  Senate  is  equally  divided ;  and  in  case  of 
his  absence,  or  impeachment,  or  when  he  shall  exercise  the  office  of 
Governor,  the  Senate  shall  choose  a  President  pro  tempore. 

17.  If  the  Lieutenant  Governor,  while  executing  the  office  of  Go- 
vernor, shall  be  impeached,  displaced,  resign  or  die,  or  otherwise  be- 
come incapable  of  performing  the  duties  of  the  office,  the  President 
of  the  Senate  shall  act  as  Governor,  until  the  vacancy  is  filled,  or 
the  disability  removed ;  and  if  the  President  of  the  Senate,  for  any 
of  the  above  causes,  shall  be  rendered  incapable  of  performing  the 
duties  pertaining  to  the  office  of  Governor,  the  same  shall  devolve 
upon  the  Speaker  of  the  House  of  Representatives. 

18.  Should  the  office  of  auditor,  treasurer,  secretary,  or  attorney 
general,  become  vacant,  for  any  of  the  causes  specified  in  the  fifteenth 
section  of  this  article,  the  Governor  shall  fill  the  vacancy  until  the 
disability  is  removed,  or  a  successor  elected  and  qualified.  Every 
such  vacancy  shall  be  filled  by  election,  at  the  first  general  election 
that  occurs  more  than  thirty  days  after  it  shall  have  happened ;  and 
the  person  chosen  shall  hold  the  office  for  the  full  term  fixed  in  the 
second  section  of  this  article. 


OHIO.  399 


19.  The  officers  mentioned  in  this  article,  shall,  at  stated  times, 
receive,  for  tlieir  services,  a  compensation  to  be  established  by  law, 
which  shall  neither  be  increased  nor  diminished  during  the  period 
for  which  they  shall  have  been  elected. 

20.  The  officers  of  the  executive  department,  and  of  the  public 
State  Institutions,  shall,  at  least  five  days  preceding  each  regular 
session  of  the  General  Assembly,  severally  report  to  the  Governor, 
who  shall  transmit  such  reports,  with  his  message,  to  the  General 
Assembly. 

ARTICLE  lY.— Judicial 

Sec.  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  in  district  courts,  courts  of  common  pleas,  courts  of 
probate,  justices  of  the  peace,  and  in  such  other  courts,  inferior  to 
the  supreme  court,  in  one  or  more  counties,  as  the  General  Assembly, 
may  from  time  to  time  establish. 

2.  The  supreme  court  shall  consist  of  five  judges,  a  majority  of 
whom  shall  be  necessary  to  form  a  quorum,  or  to  pronounce  a  deci- 
sion. It  shall  have  original  jurisdiction  in  quo  warranto,  mandamus, 
habeas  corpus,  and  procedendo,  and  such  appellate  jurisdiction  as 
may  be  provided  by  law.  It  shall  hold  at  least  one  term  in  each 
year,  at  the  seat  of  government,  and  such  other  terms,  at  the  seat  of 
government,  or  elsewhere,  as  may  be  provided  by  law.  The  Judges 
of  the  supreme  court  shall  be  elected,  by  the  electors  of  the  State  at 
large. 

3.  The  State  shall  be  divided  into  nine  common  pleas  districts,  of 
which  the  county  of  Hamilton  shall  constitute  one,  of  compact  terri- 
tory, and  bounded  by  county  lines ;  and  each  of  said  districts,  con- 
sisting of  three  or  more  counties,  shall  be  sub-divided  into  three 
parts,  of  compact  territory,  bounded  by  county  lines,  and  as  nearly 
equal  in  population  as  practicable ;  in  each  of  which,  one  Judge  of 
the  court  of  common  pleas  for  said  district,  and  residing  therein, 
shall  be  elected  by  the  electors  of  said  sub-division.  Courts  of  com- 
mon pleas  shall  be  held,  by  one  or  more  of  these  Judges,  in  every 
county  in  the  district,  as  often  as  may  be  provided  by  law ;  and 
more  than  one  court,  or  sitting  thereof,  may  be  held  at  the  same 
time  in  each  district. 

4.  The  jurisdiction  of  the  courts  of  common  pleas,  and  of  the 
Judges  thereof,  shall  be  fixed  by  law. 

5.  District  courts  shall  be  composed  of  the  Judges  of  the  court  of 
common  pleas  of  the  respective  districts,  and  one  of  the  Judges  of 
the  supreme  court,  any  three  of  whom  shall  be  a  quorum,  and  shall 
be  held  in  each  county  therein,  at  least  once  in  each  year ;  but,  if  it 
shall  be  found  inexpedient  to  hold  such  court  annually,  in  each  county, 
of  any  district,  the  General  Assembly  may,  for  such  district,  provide 
that  said  court  shall  hold  at  least  three  annual  sessions  therein,  in 
not  less  than  three  places :  Provided,  that  the  General  Assembly 


400 


CONSTITUTION    OF 


may,  by  law,  authorize  the  Judges  of  each  district  to  fix  the  times  of 
holding  the  courts  therein. 

6.  The  district  court  shall  have  like  original  jurisdiction  with  the 
supreme  court,  and  such  appellate  jurisdiction  as  may  be  provided 
by  law. 

7.  There  shall  be  established  in  each  county,  a  Probate  court, 
which  shall  be  a  court  of  record,  open  at  all  times,  and  holden  by  one 
Judge,  elected  by  the  voters  of  the  county,  who  shall  hold  his  office 
for  the  term  of  three  years,  and  shall  receive  such  compensation, 
payable  out  of  the  county  treasury,  or  by  fees,  or  both,  as  shall  be 
provided  by  law. 

8.  The  Probate  court  shall  have  jurisdiction  in  probate  and  testa- 
mentary matters,  the  appointment  of  administrators  and  guardians, 
the  settlement  of  the  accounts  of  executors,  admistrators  and  guard- 
ians, and  such  jurisdiction  in  habeas  corpus,  the  issuing  of  marriage 
licences,  and  for  the  sale  of  land  by  executors,  administrators  and 
guardians,  and  such  other  jurisdiction,  in  any  county,  or  counties,  as 
may  be  provided  by  law. 

9.  A  competent  number  of  justices  of  the  peace  shall  be  elected, 
by  the  electors,  in  each  township  in  the  several  counties.  Their 
term  of  office  shall  be  three  years,  and  their  powers  and  duties  shall 
be  regulated  by  law. 

10.  All  Judge§,  other  than  those  provided  for  in  this  constitution, 
shall  be  elected  by  the  electors  of  the  judicial  district  for  which  they 
may  be  created,  but  not  for  a  longer  term  of  office  than  five  years. 

11.  The  Judges  of  the  Supreme  Court  shall,  immediately  after  the 
first  election  under  this  constitution,  be  classified  by  lot,  so  that  one 
shall  hold  for  the  term  of  one  year,  one  for  two  years,  one  for  three 
years,  one  for  four  years,  and  one  for  five  years ;  and,  at  all  subse- 
quent elections,  the  term  of  each  of  said  Judges  shall  be  for  five  years. 

12.  The  Judges  of  the  courts  of  common  pleas  shall,  while  in 
office,  reside  in  the  district  for  which  they  are  elected :  and  their 
term  of  office  shall  be  for  five  years. 

13.  In  case  the  office  of  any  Judge  shall  become  vacant,  before 
the  expiration  of  the  regular  term  for  which  he  was  elected,  the 
vacancy  shall  be  filled  by  appointment  by  the  Governor,  until  a 
successor,  is  elected  and  qualified;  and  such  successor  shall  be 
elected  for  the  unexpired  term,  at  the  first  annual  election  that 
occurs  more  than  thirty  days  after  the  vacancy  shall  have  happened. 

14.  The  Judges  of  the  supreme  court,  and  of  the  court  of  common 
pleas,  shall,  at  stated  times,  receive,  for  their  services,  such  compen- 
sation as  may  be  provided  by  law,  which  shall  not  Be  diminished,  or 
increased,  during  their  term  of  office ;  but  they  shall  receive  no  fees 
or  perquisites,  nor  hold  any  other  office  of  profit  or  trust,  under  the 
authority  of  this  State,  or  the  United  States.  All  votes  for  either 
of  them,  for  any  elective  office,  except  a  judicial  office,  unde^  the 
authority  of  this  State,  given  by 'the  General  Assembly,  or  the 
people,  shall  be  void. 


OHIO.  401 

15.  The  General  Assembly  may  increase  or  diminish  the  number 
of  the  Judges  of  the  supreme  court,  the  number  of  the  districts  of 
the  court  of  common  pleas,  the  number  of  Judges  in  any  district, 
change  the  districts,  or  the  subdivisions  thereof,  or  establish  other 
courts,  whenever  two-thirds  of  the  members  elected  to  each  house 
shall  concur  therein ;  but,  no  such  change,  addition,  or  diminution, 
shall  vacate  the  office  of  any  Judge. 

16.  There  shall  be  elected  in  each  county,  by  the  electors  thereof, 
one  clerk  of  the  court  of  common  pleas,  who  shall  hold  his  office  for 
the  term  of  three  years,  and  until  his  successor  shall  be  elected  and 
qualified.  He  shall,  by  virtue  of  his  office,  be  clerk  of  all  other 
courts  of  record  held  therein ;  but,  the  General  Assembly  may  pro- 
vide, by  law,  for  the  election  of  a  clerk,  with  a  like  term  of  office,  for 
each  or  any  other  of  the  courts  of  record,  and  may  authorize  the 
Judge  of  the  Probate  court  to  perform  the  duties  of  clerk  for  his 
court,  under  such  regulations  as  may  be  directed  by  law.  Clerks  of 
Courts  shall  be  removable  for  such  cause,  and  in  such  manner,  as 
shall  be  prescribed  by  law. 

17.  Judges  may  be  removed  from  office,  by  concurrent  resolution 
of  both  houses  of  the  General  Assembly,  if  two-thirds  of  the  mem- 
bers, elected  to  each  house,  concur  therein;  but,  no  such  removal 
shall  be  made,  except  upon  complaint,  the  substance  of  which  shall 
be  entered  on  the  journal,  nor,  until  the  party  charged  shall  have 
had  notice  thereof,  and  an  opportunity  to  be  heard. 

18.  The  several  Judges  of  the  supreme  court,  of  the  common 
pleas,  and  of  such  other  courts  as  may  be  created,  shall,  respectively, 
have  and  exercise  such  power  and  jurisdiction,  at  chambers,  or  other- 
wise, as  may  be  directed  by  law. 

19.  The  General  Assembly  may  establish  courts  of  Conciliation, 
and  prescribe  their  powers  and  duties;  but  such  courts  shall  not 
render  final  judgment,  in  any  case,  except  upon  submission,  by  the 
parties,  of  the  matter  in  dispute,  and  their  agreement  to  abide  such 
judgment. 

20.  The  style  of  all  process  shall  be,  "  The  State  of  Ohio ;"  all 
prosecutions  shall  be  carried  on,  in  the  name,  and  by  the  authority, 
of  the  State  of  Ohio;  and  all  indictments  shall  conclude,  "against 
the  peace  and  dignity  of  the  State  of  Ohio." 

ARTICLE  Y.— Elective  Franchise. 

Sec.  1.  Every  white  male  citizen  of  the  United  States,  of  the  age 
of  twenty-one  years,  who  shall  have  been  a  resident  of  the  State  one 
year  next  preceding  the  election,  and  of  the  county,  township,  or 
ward,  in  which  he  resides,  such  time  as  may  be  provided  by  law, 
shall  have  the  qualifications  of  an  elector,  and  be  entitled  to  vote  at 
all  elections. 

2.  All  elections  shall  be  by  ballot. 

3.  Electors,  during  their  attendance  at  elections,  and  in  going  to. 


402  CONSTITUTION    OF 


and  returning  therefrom,  shall  be  privileged  fi-om  arrest,  in  all  cases, 
except  treason,  felony,  and  breach  of  the  peace. 

4.  The  General  Assembly  shall  have  power  to  exclude  from  the 
privilege  of  voting,  or  of  being  eligible  to  office,  any  person  con- 
victed of  bribery,  perjury,  or  otherwise  infamous  crime. 

5.  No  person  in  the  Military,  Naval,  or  Marine  service  of  the 
United  States,  shall,  by  being  stationed  in  any  garrison,  or  military, 
or  naval  station,  within  the  State,  be  considered  a  resident  of  this 
State. 

6.  No  idiot,  or  insane  person,  shall  be  entitled  to  the  privileges  of 
an  elector. 

ARTICLE  Ml— Education. 

Sec.  1 .  The  principal  of  all  funds,  arising  from  the  sale,  or  other 
disposition  of  lands,  or  other  property,  granted  or  entrusted  to  this 
State  for  educational  and  religious  purposes,  shall  forever  be  pre- 
served inviolate,  and  undiminished ;  and,  the  income  arising  there- 
from, shall  be  faithfully  applied  to  the  specific  objects  of  the  original 
grants,  or  appropriations. 

2.  The  General  Assembly  shall  make  such  provisions,  by  taxation, 
or  otherwise,  as,  with  the  income  arising  from  the  school  trust  fund, 
will  secure  a  thorough  and  efficient  system  of  common  schools 
throughout  the  State ;  but,  no  religious  or  other  sect,  or  sects,  shall 
ever  have  any  exclusive  right  to,  or  control  of,  any  part  of  the  school 
funds  of  this  State. 

ARTICLE  Y\\.— Public  Institutions. 

Sec.  1.  Institutions  for  the  benefit  of  the  insane,  blind,  and  deaf  and 
dumb,  shall  always  be  fostered  and  supported  by  the  State  ;  and  be 
subject  to  such  regulations  as  may  be  prescribed  by  the  General  As- 
sembly. 

2.  The  directors  of  the  Penitentiary  shall  be  appointed  or  elected 
in  such  manner  as  the  General  Assembly  may  direct ;  and  the  trus- 
tees of  the  benevolent,  and  other  State  institutions,  now  elected  by 
the  General  Assembly,  and  of  such  other  State  institutions  as  may 
be  hereafter  created,  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate  ;  and,  upon  all  nomina- 
tions made  by  the  Governor,  the  question  shall  be  taken  by  yeas  and 
nays,  and  entered  upon  the  journals  of  the  Senate. 

3.  The  Governor  shall  have  power  to  fill  all  vacancies  that  may 
occur  in  the  offices  aforesaid,  until  the  next  session  of  the  General 
Assembly,  and,  until  a  successor  to  his  appointee  shall  be  confirmed 
and  qualified. 

ARTICLE  WW.— Public  Debt  and  Public  Works, 

Sbc/1.  The  State  may  contract  debts,  to  supply  casual  deficits  or 
failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for ; 
but  the  aggregate  amount  of  such  debts,  direct   and   contingent, 


OHIO.  403 

whether  contracted  by  virtue  of  one  or  more  acts  of  the  General  As- 
sembly, or  at  different  periods  of  time,  shall  never  exceed  seven 
hundred  and  fifty  thousand  dollars ;  and  the  money,  arising  from  the 
creation  of  such  debts,  shall  be  applied  to  the  purpose  for  which  it 
was  obtained,  or  to  repay  the  debts  so  contracted,  and  to  no  other 
purpose  whatever. 

2.  In  addition  to  the  above  limited  power,  the  State  may  contract 
debts  to  repel  invasion,  suppress  insurrection,  defend  the  State  in 
war,  or  to  redeem  the  present  outstanding  indelDtedness  of  the  State : 
but  the  money,  arising  from  the  contracting  of  such  debts,  shall  be 
applied  to  the  purpose  for  which  it  was  raised,  or  to  repay  such 
debts,  and  to  no  oth^er  purpose  whatever ;  and  all  debts,  incurred  to 
redeem  the  present  outstanding  indebtedness  of  the  State,  shall  be 
so  contracted  as  to  be  payable  by  the  sinking  fund,  hereinafter  pro- 
vided for,  as  the  same  shall  accumulate. 

3.  Except  the  debts  above  specified  in  sections  one  and  two  of 
this  article,  no  debt  whatever  shall  hereafter  be  created  by,  or  on 
behalf  of  the  State. 

4.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given  or 
loaned  to,  or  in  aid  of,  any  individual  association  or  corporation 
whatever  ;  nor  shall  the  State  ever  hereafter  become  a  joint  owner, 
or  stockholder,  in  any  company  or  association,  in  this  State,  or  else- 
where, formed  for  any  purpose  whatever. 

5.  The  State  shall  never  assume  the  debts  of  any  county,  city, 
town,  or  township,  or  of  any  corporation  whatever,  unless  such  debt 
shall  have  been  created  to  repel  invasion,  suppress  insurrection,  or 
defend  the  State  in  war. 

6.  The  General  Assembly  shall  never  authorize  any  county,  city, 
town,  or  township,  by  vote  of  its  citizens,  or  otherwise,  to  become  a 
stockholder  in  any  joint  stock  company,  corporation,  or  association 
whatever  ;  or  to  raise  money  for,  or  loan  its  credit  to,  or  in  aid  of, 
any  such  company,  corporation,  or  association. 

7.  The  faith  of  the  State  being  pledged  for  the  payment  of  its 
public  debt,  in  order  to  provide  therefor,  there  shall  be  created  a 
sinking  fund,  which  shall  be  sufficient  to  pay  the  accruirig  interest  on 
such  debt,  and,  annually,  to  reduce  the  principal  thereof,  by  a  sum 
not  less  than  one  hundred  thousand  dollars,  increased  yearly,  and 
each  and  every  year,  by  compounding,  at  the  rate  of  six  per  cent, 
per  annum.  The  said  sinking  fund  shall  consist  of  the  net  annual 
income  of  the  public  works  and  stocks  owned  by  the  State,  of  any 
other  funds  or  resources  that  are,  or  may  be,  provided  by  law,  and 
of  such  further  sum,  to  be  raised  by  taxation,  as  may  be  required 
for  the  purposes  aforesaid. 

8.  The  Auditor  of  State,  Secretary  of  State,  and  Attorney  Gene- 
ral, are  hereby  created  a  board  of  commissioners,  to  be  styled, 
"  The  Commissioners  of  the  Sinking  Fund." 

9.  The  commissioners  of  the  sinking  fund  shall,  immediately  pre- 
ceding each  regular  session  of  the  General  Assembly,  make  an  esti- 


403  a  CONSTITUTION    OF 


mate  of  the  probable  amount  of  the  fund,  provided  for  in  the  seventh 
section  of  this  article,  from  all  sources  except  from  taxation,  and  re- 
port the  same,  together  with  all  their  proceedings  relative  to  said 
fund  and  the  public  debt,  to  the  Governor,  who  shall  transmit  the 
same  with  his  regular  message,  to  the  General  Assembly ;  and  the 
General  Assembly  shall  make  all  necessary  provision  for  raising  and 
disbursing  said  sinking  fund,  in  pursuance  of  the  provisions  of  this 
article. 

10.  It  shall  be  duty  of  the  said  Commissioners  faithfully  to  apply 
said  fund,  together  with  all  moneys  that  may  be,  by  the  General 
Assembly,  appropriated  to  that  object,  to  the  payment  of  the  inter- 
est, as  it  iDecomes  due,  and  the  redemption  of  the  principal  of  the 
public  debt  of  the  State,  excepting  only,  the  school  and  trust  funds 
held  by  the  State. 

11.  The  said  Commissioners  shall,  semi-annually,  make  a  full  and 
detailed  report  of  their  proceedings  to  the  Governor,  who  shall  im- 
mediately cause  the  same  to  be  published,  and  shall  also  communi- 
cate the  same  to  the  General  Assembly,  forthwith,  if  it  be  in  session, 
and  if  not,  then  at  its  first  session  after  such  report  shall  be  made. 

12.  So  long  as  this  State  shall  have  public  works,  which  require 
superintendence,  there  shall  be  a  Board  of  Public  Works,  to  consist 
of  three  members,  who  shall  be  elected  by  the  people,  at  the  first 
general  election  after  the  adoption  of  this  Constitution,  one  for  the 
term  of  one  year,  one  for  the  term  of  two  years,  and  one  for  the 
term  of  three  years ;  and  one  member  of  said  Board  shall  be  elected 
annually  thereafter,  who  shall  hold  his  office  for  three  years. 

13.  The  powers  and  duties  of  said  Board  of  Public  Works,  and 
its  several  members,  and  their  compensation,  shall  be  such  as  now 
are,  or  may  be  prescribed  by  law. 

ARTICLE  IX.— Militia. 

Sec.  1.  All  white  male  citizens,  residents  of  this  State,  being 
eighteen  years  of  age,  and  under  the  age  of  forty  five  years,  shall  be 
enrolled  in  the  militia,  and  perform  military  duty,  in  such  manner, 
not  incompatible  with  the  Constitution  and  laws  of  the  United  States, 
as  may  be  prescribed  by  law.  ^ 

2.  Majors  General,  Brigadiers  General,  Colonels,  Lieutenant  Col- 
onels, Majors,  Captains,  aud  Subalterns,  shall  be  elected  by  the  per- 
sons subject  to  military  duty,  in  their  respective  districts. 

3.  The  Governor  shall  appoint  the  Adjutant  General,  Quarter 
Master  General,  and  such  other  staflf  officers,  as  may  be  provided  for 
by  law.  Majors  General,  Brigadiers  General,  Colonels  or  Command- 
ants of  Regiments,  Battalions,  or  Squadrons,  shall,  severally,  appoint 
their  staff,  and  Captains  shall  appoint  their  non-commissioned  officers 
and  musicians. 

4.  The  Governor  shall  commission  all  officers  of  the  line  and 
stafl[^'  ranking  as  such ;  and  shall  have  power  to  call  forth  the  Militia, 


OHIO.  h  403 


to  execute  the  laws  of  the  State,  to  suppress  insurrection  and  repel 
invasion. 

5.  The  General  Assembly  shall  provide,  by  law,  for  the  protection 
and  safe  keeping  of  the  public  arms. 

*  ARTICLE  X. —  County  and  Township  Organizations. 

Sec.  1.  The  General  Assembly  shall  provide,  by  law,  for  the 
election  of  such  county  and  township  officers  as  may  be  necessary. 

2.  County  officers  shall  be  elected  on  the  second  Tuesday  of  Octo- 
ber, until  otherwise  directed  by  law,  by  the  qualified  electors  of  each 
county,  in  such  manner,  and  for  such  term,  not  exceeding  three  years, 
as  may  be  provided  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Sheriff,  or  County 
Treasurer,  for  more  than  four  years,  in  any  period  of  six  years. 

4.  Township  officers  shall  be  elected  on  the  first  Monday  of  April, 
annually,  by  the  qualified  electors  of  their  respective  townships,  and 
shall  hold  their  offices  for  one  year,  from  the  Monday  next  succeed- 
ing their  election,  and  until  their  successors  are  qualified. 

5.  No  money  shall  be  drawn  from  any  county  or  township  trea- 
sury, except  by  authority  of  law. 

6.  Justices  of  the  peace,  and  county  and  township  officers,  may  be 
removed,  in  such  manner  and  for  such  cause,  as  shall  be  prescribed 
by  law. 

7.  The  Commissioners  of  Counties,  the  trustees  of  Townships,  and 
similar  boards,  shall  have  such  power  of  local  taxation,  for  police 
purposes,  as  may  be  prescribed  by  law. 

ARTICLE  XI. — Apportionment. 

Sec.  1.  The  apportionment  of  this  State  for  members  of  the 
General  Assembly,  shall  be  made  every  ten  years,  after  the  year 
one  thousand  eight  hundred  and  fifty  one,  in  the  following  manner  : 
The  whole  population  of  the  State,  as  ascertained  by  the  federal 
census,  or  in  such  other  mode  as  the  General  Assembly  may  direct, 
shall  be  divided  by  the  number  "  One  hundred,"  and  the  quotient 
shall  be  the  ratio  of  representation  in  the  House  of  Representatives, 
for  ten  years  next  succeeding  such  apportionment. 

2.  Every  county,  having  a  population  equal  to  one  half  of  said 
ratio,  shall  be  entitled  to  one  representative ;  every  county,  contain- 
ing said  ratio,  and  three-fourths  over,  shall  be  entitled  to  two  Repre- 
sentatives ;  every  county,  containing  three  times  said  ratio,  shall  be 
entitled  to  three  Representatives :  and  so  on,  requii'ing  after  the  first 
two,  an  entire  ratio  for  each  additional  Representative. 

3.  When  any  county  shall  have  a  fraction  above  the  ratio,  so 
large,  that  being  multiplied  by  five,  the  result  will  be  equal  to  one 
or  more  ratios,  additional  Representatives  shall  be  apportioned  for 
such  ratios,  among  the  several  sessions  of  the  decennial  period,  in 
the  following  manner :  If  there  be  only  one  ratio,  a  Representative 
shall  be  allotted  to  the  fifth  session  of  the  decennial  period ;  if  there 


403  c  CONSTITUTION    OF 


are  two  ratios,  a  Representative  shall  be  allotted  to  the  fourth  and 
third  sessions,  respectively ;  if  three,  to  the  third,  second,  and  first 
sessions,  respectively ;  if  four,  to  the  fourth,  third,  second,  and  first 
sessions,  respectively. 

4.  Any  county,  forming  with  another  county  or  counties,  a  Bepre- 
sentative  district,  during  one  decennial  period,  if  it  have  acquired 
sufficient  population  at  the  next  decennial  period,  shall  be  entitled  to 
a  separate  representation,  if  there  shall  be  left,  in  the  district  from 
which  it  shall  have  been  separated,  a  population  sufficient  for  a  Re- 
presentative ;  but  no  such  change  shall  be  made,  except  at  the  regu- 
lar decennial  period  for  the  apportionment  of  Representatives. 

5.  If,  in  fixing  any  subsequent  ratio,  a  county,  previously  entitled 
to  a  separate  representation,  shall  have  less  than  the  number  re- 
quired by  the  new  ratio  for  a  Representative,  such  county  shall  be 
attached  to  the  county  adjoining  it,  having  the  least  number  of  in- 
habitants ;  and  the  representation  of  the  district,  so  formed,  shall 
be  determined  as  herein  provided. 

6.  The  ratio  for  a  Senator  shall,  forever  hereafter,  be  ascertained, 
by  dividing  the  whole  population  of  the  State,  by  the  number  thirty- 
five. 

7.  The  State  is  hereby  divided  into  thirty-three  Senatorial  dis- 
tricts, as  follows :  the  county  of  Hamilton  shall  constitute  the  first 
Senatorial  district ;  the  counties  of  Butler  and  Warren,  the  second ; 
Montgomery  and  Preble,  the  third ;  Clermont  and  Brown,  the 
fourth  ;  Greene,  Clinton  and  Fayette,  the  fifth  ;  Ross  and  Highland, 
the  sixth;  Adams,  Pike,  Scioto  and  Jackson,  the  seventh;  Law- 
rence, Gallia,  Meigs  and  Vinton,  the  eighth :  Athens,  Hocking  and 
Pairfield,  the  ninth;  Franklin  and  Pickaway,  the  tenth;  Clark, 
Champaign  and  Madison,  the  eleventh ;  Miama,  Darke  and  Shelby, 
the  twelfth ;  Logan,  Union,  Marion  and  Hardin,  the  thirteenth ; 
Washington  and  Morgan,  the  fourteenth  ;  Muskingum  and  Perry, 
the  fifteenth  ;  Delaware  and  Licking,  the  sixteenth  ;  Knox  and  Mor- 
row, the  seventeenth ;  Coshocton  and  Tuscarawas,  the  eighteenth ; 
Guernsey  and  Monroe,  the  ninetenth ;  Belmont  and  Harrison,  the 
twentieth  ;  Carroll  and  Stark,  the  twenty-first ;  Jefferson  and  Colum- 
biana, the  twenty-second  ;  Trumbull  and  Mahoning,  the  twenty- 
third  ;  Ashtabula,  Lake  and  Geauga,  the  twenty-fourth ;  Cuyahoga, 
the  twenty -fifth  ;  Portage  and  Summit,  the  twenty-sixth ;  Medina 
and  Lorain,  the  twenty -seventh ;  Wayne  and  Holmes,  the  twenty- 
eighth  ;  Ashland  and  Richland,  the  twenty -ninth ;  Huron,  Erie, 
Sandusky  and  Ottawa,  the  thirtieth ;  Seneca,  Crawford  and  Wyan- 
dot, the  thirty-first ;  Mercer,  Auglaize,  Allen,  Vanwert,  Paulding, 
Defiance  and  Williams,  the  thirty-second;  and  Hancock,  Wood, 
Lucas,  Fulton,  Henry  and  Putnam,  the  thirty-third.  For  the  first 
decennial  period,  after  the  adoption  of  this  constitution,  each  of  said 
districts  shall  be  entitled  to  one  Senator,  except  the  first  district, 
which  shall  be  entitled  to  three  Senators.- 

8.  The  same  rules  shall  be  applied,  in  apportioning  the  fractions 


OHIO.  c?408 


of  Senatorial  districts,  and  in  annexing  districts,  which  may  hereafter 
have  less  than  three-fourths  of  a  Senatorial  ratio,  as  are  applied  to 
Representative  districts. 

9.  Any  county  forming  part  of  a  Senatorial  district,  having  ac- 
quired a  population  equal  to  a  full  senatorial  ratio,  shall  be  made  a 
separate  Senatorial  district,  at  any  regular  decennial  apportionment, 
if  a  full  Senatorial  ratio  shall  be  left  in  the  district  from  which  it 
shall  be  taken. 

10.  For  the  first  ten  years,  after  the  year  one  thousand  eight 
hundred  and  fifty-one,  the  apportionment  of  Representatives  shall 
be  as  provided  in  the  schedule,  and  no  change  shall  ever  be  made 
in  the  principles  of  representation,  as  herein  established,  or  in  the 
Senatorial  districts,  except  as  above  provided.  All  territory,  be- 
longing to  a  county  at  the  time  of  any  apportionment,  shall,  as  to 
the  right  of  representation  and  suflVage,  i*emain  an  integral  part 
thereof,  during  the  decennial  period. 

11.  The  Governor,  Auditoi",  and  Secretary  of  State,  or  any  two 
of  them,  shall,  at  least  six  months  prior  to  the  October  election,  in 
the  year  one  thousand  eight  hmidred  and  sixty- one,  and,  at  each 
decennial  period  thereafter,  ascertain  and. determine  the  latio  of  re- 
presentation, according  to  the  decennial  census*,  the  number  of  Re- 
presentatives and  Senators  each  county  or  district  shall  be  entitled 
to  elect,  and  for  what  years,  within  the  next  ensuing  ten  years,  and 
the  Governor  shall  cause  the  same  to  be  published;  in  such  manner 
as  shall  be  directed  by  law. 

JUDICIAL    APPORTIONMENT. 

Sec.  12.  For  Judicial  purposes,  the  State  shall  be  apportioned  as 
follows : 

The  county  of  Hamilton,  shall  constitute  the  first  district,  which 
shall  not  be  subdivided ;  and  the  Judges  therein,  may  hold  separate 
courts,  or  separate  sittings  of  the  same  court,  at  the  same  time. 

The  counties  of  Butler,  Preble  and  Darke,  shall  constitute  the  first 
subdivision,  Montgomery,  Miami  and  Champaign,  the  second,  and 
Warren,  Clinton,  Greene,  and  Clark,  the  third  subdivision,  of  the 
second  district ;  and,  together,  shall  form  such  district. 

The  counties  of  Shelby,  Auglaize,  Allen,  Hardin,  Logan,  Union 
and  Marion  shall  constitute  the  first  subdivision,  Mercer,  Van  Wert, 
Putnam,  Paulding,  Defiance,  Williams,  Henry  and  Fulton,  the 
second,  and  Wood,  Seneca,  Hancock,  Wyandot  and  Crawford,  the 
third  subdivision,  of  the  third  district ;  and,  together,  shall  form  such 
district. 

The  counties  of  Lucas,  Ottawa,  Sandusky,  Erie  and  Huron,  shall 
constitute  the  first  subdivision,  Lorain,  Medina  and  Summit,  the 
second,  and  the  county  of  Cuyahoga,  the  third  subdivision,  of  the 
fourth  district ;  and,  together,  shall  form  such  district. 

The  counties  of  Clermont,  Brown  and  Adams,  shall  constitute  the 
first  subdivision,  Highland,  Ross  and  Fayette,  the  second ;  and  Pick- 


403  e  CONSTITUTION    OF 


away,  Franklin  and  Madison,  the  third  subdivision,  of  the  fifth  dis- 
trict ;  and,  together,  shall  form  such  district. 

The  counties  of  Licking,  Knox  and  Delaware,  shall  constitute  the 
first  subdivision.  Morrow,  Richland  and  Ashland,  the  second,  and 
Wayne,  Holmes  and  Coshocton,  the  third  subdivision,  of  the  sixth 
district ;  and,  together,  shall  form  such  district. 

The  counties  of  Fairfield,  Perry  and  Hocking,  shall  constitute  the 
first  subdivision,  Jackson,  Vinton,  Pike,  Scioto  and  Lawrence,  the 
second,  and  Gallia,  Meigs,  Athens  and  Washington,  the  third  subdi- 
vision, of  the  seventh  district;  and,  together,  shall  form  such  district. 

The  counties  of  Muskingum  and  Morgan,  shall  constitute  the  first 
subdivision,  Guernsey,  Belmont  and  Monroe,  the  second,  and  Jeffer- 
son, Harrison  and  Tuscarawas,  the  third  -  subdivision,  of  the  eighth 
district;  and,  together,  shall  form  such  district. 

The  counties  of  Stark,  Carroll  and  Columbiana,  shall  constitute 
the  first  subdivision,  Trumbull,  Portage  and  Mahoning,  the  second, 
and  Geauga,  Lake  and  Ashtabula,  the  third  subdivision,  of  iAie  ninth 
district ;  and,  together,  shall  form  such  district. 

13.  The  General  Assembly  shall  attach  any  new  counties,  that 
may  hereafter  be  erected^  to  such  districts,  or  subdivisions  thereof, 
as  shall  be  most  convenient. 

ARTICLE  XIL — Finance  and  Taxation. 

Sec.  1.  The  levying  of  taxes,  by  the  poll,  is  grievous  and  oppres- 
sive; therefore,  the  General  Assembly  shall  never  levy  a  poll  tax, 
for  county  or  State  purposes. 

2.  Laws  shall  be  passed,  taxing,  by  a  uniform  rule,  all  moneys, 
credits,  investments  in  bonds,  stocks,  joint  stock  companies,  or  other- 
wise ;  and  also  all  real  and  personal  property,  according  to  its  true 
value  in  money ;  but  burying  grounds,  public  school  houses,  houses 
used  exclusively  for  public  worship,  institutions  of  purely  public 
charity,  public  property  used  exclusively  for  any  public  purpose ; 
and  personal  property,  to  an  amount  not  exceeding  in  value  two 
hundred  dollars,  for  each  individual,  may,  by  general  laws,  be  ex- 
empted from  taxation :  but,  all  such  laws  shall  be  subject  to  altera- 
tion or  repeal ;  and  the  value  of  all  property,  so  exempted,  shall, 
from  time  to  time,  be  ascertained  and  published,  as  may  be  directed 
by  law. 

3.  The  General  Assembly  shall  provide,  by  law,  for  taxing  the 
notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  all  other 
property,  effects,  or  dues  of  every  description,  (without  deduction,) 
of  all  Banks,  now  existing,  or  hereafter  created,  and  of  all  bankers, 
so  that  all  property  employed  in  banking,  shall  always  bear  a  burden 
of  taxation,  equal  to  that  imposed  on  the  property  of  individuals. 

4.  The  General  Assembly  shall  provide  for  raising  revenue,  suffi- 
cient to  defray  the  expenses  of  the  State,  for  each  year,  and  alsO  a 
sufficient  sum  to  pay  the  interest  on  the  State  debt. 

5.  No  tax  shall  be  levied,  except  in  pursuance  of  law ;  and  every 


OHIO.  /403 


law  imposing  a  tax,  shall  state,  distinctly,  the  object  of  the  same,  to 
which  only,  it  shall  be  applied. 

6.  The  State  shall  never  contract  any  debt  for  purposes  of  inter- 
nal improvement. 

ARTICLE  Xlll— Corporations. 

Sec.  1.  The  General  Assembly  shall  pass  no  special  act  confer- 
ring corporate  powers. 

2.  Corporations  may  be  formed  under  general  laws ;  but  all  such 
laws  may,  from  time  to  time,  be  altered,  or  repealed. 

3.  Dues  from  corporations  shall  be  secured,  by  such  individual 
liability  of  the  stockholders,  and  other  means,  as  may  be  prescribed 
by  law ;  but,  in  all  cases,  each  stockholder  shall  be  liable,  over  and 
above  the  stock  by  him  or  her  owned,  and  any  amount  unpaid 
thereon,  to  a  further  sum,  at  least  equal  in  amount  to  such  stock. 

4.  The  property  of  corporations,  now  existing  or  hereafter  created, 
shall  forever  be  subject  to  taxation,  the  same  as  the  property  of  in- 
dividuals. ^ 

5.  No  right  of  way  shall  be  appropriated  to  the  use  of  any  corpo- 
ration, until  full  compensation  therefor  be  first  made  in  money,  or 
first  secured  by  a  deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation :  which 
compensation  shall  be  ascertained  by  a  jury  of  twelve  men,  in  a 
court  of  record,  as  shall  be  prescribed  by  law. 

6.  The  General  Assembly  shall  provide  for  the  organization  of 
cities,  incorporated  villages,  by  general  laws;  and  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts 
and  loaning  their  credit,  so  as  to  prevent  the  abuse  of  such  power. 

7.  No  act  of  the  Gereral  Assembly,  authorizing  associations  with 
banking  powers,  shall  take  effect ;  until  it  shall  be  submitted  to  the 
people,  at  the  general  election  next  succeeding  the  passage  thereof, 
and  be  approved  by  a  majority  of  all  the  electors,  voting  at  such 
election. 

ARTICLE  XIY.~ Jurisprudence.     - 

Sec.  1.  The  General  Assembly,  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  provide  for  the  appointment  of  three 
Commissioners,  and  prescribe  their  tenure  of  office,  compensation, 
and  the  mode  of  filling  vacancies  in  said  commission. 

2.  The  said  commissioners  shall  revise,  reform,  simplify  and 
abridge,  the  practice,  pleadings,  forms,  and  proceedings  of  the  Courts 
of  record  of  this  State ;  and,  as  far  as  practicable  and  expedient, 
shall  provide  for  the  abolition  of  the  distinct  forms  of  action  at  law, 
now  in  use,  and  for  the  administration  of  justice  by  a  uniform  mode 
of  proceeding,  without  reference  to  any  distinction  between  law  and 
equity. 

3.  The  proceedings  of  the  Commissioners  shall,  from  time  to  time, 


403^  CONSTITUTION    OF 


be  reported  to  the  General  Assembly,  and  be  subject  to  the  action 
of  that  body. 

ARTICLE  XY.— Miscellaneous. 

Sec.  1.  Columbus  shall  be  the  seat  of  government,  until  otherwise 
directed  by  law. 

2.  The  printing  of  the  laws,  journals,  bills,  legislative  documents 
and  papers  for  each  branch  of  the  General  Assembly,  with  the  print- 
ing required  for  the  Excutive  and  other  departments  of  State,  shall 
be  let,  on  contract,  to  the  lowest  responsible  bidder,  by  such  Execu- 
tive officers,  and  in  such  manner,  as  shall  be  prescribed  by  law. 

3.  An  accurate  and  detailed  statement  of  the  receipts  and  expen- 
ditures of  the  public  money,  the  several  amounts  paid,  to  whom,  and 
on  what  account,  shall,  from  time  to  time,  be  published,  as  shall  be 
prescribed  by  law. 

4.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
State,  unless  he  possess  the  qualifications  of  an  elector. 

5.  No  person  who  shall  hereafter  fight  a  duel,  assist  in  the  same 
as  second,  or  send,  accept,  or  knowingly  carry,  a  challenge  therefor, 
shall  hold  any  office  in  this  State. 

6.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any  purpose  what- 
ever, shall  forever  be  prohibited  in  this  State. 

7.  Every  person  chosen  or  appointed  to  any  office  under  this 
State,  before  entering  upon  the  discharge  of  its  duties,  shall  take 
an  oath  or  affirmation,  to  support  the  Constitution  of  the  United 
States,  and  of  this  State,  and  also  an  oath  of  office. 

8.  There  may  be  established,  in  the  Secretary  of  State's  Office,  a 
bureau  of  statistics,  under  such  regulations  as  may  be  prescribed  by 
law. 

ARTICLE  XY\.— Amendments. 

Sec.  1.  Either  branch  of  the  General  Assembly  may  propose 
amendments  to  this  constitution ;  and,  if  the  same  shall  be  agreed 
to,  by  three-fifths  of  the  members  elected  to  each  house,  such  pro- 
posed amendments  shall  be  entered  on  the  journals,  with  the  yeas 
and  nays,,  and  shall  be  published  in  at  least  one  newspaper  in  each 
county  of  the  State,  where  a  newspaper  is  published,  for  six  months 
preceding  the  next  election  for  Senators  and  Representatives,  at 
which  time  the  same  shall  be  submitted  to  the  electors,  for  their  ap- 
proval or  rejection ;  and  if  a  majority  of  the  electors,  voting  at  such 
election,  shall  adopt  such  amendments,  the  same  shall  become  a  part 
of  the  Constitution.  When  more  than  one  amendment  shall  be  sub- 
mitted at  the  same  time,  they  shall  be  so  submitted,  as  to  enable 
the  electors  to  vote  on  each  amendment,  separately. 

2.  Whenever  two-thirds  of  the  members  elected  to  each  branch 
of  the  General  Assembly,  shall  think  it  necessary  to  call  a  Conven- 
tion, to  revise,  amend,  or  change  this  Constitution,  they  shall  recom- 
mend to  the  electors  to  vote,  at  the  next  election  for  members  of  the 


OHIO.  ^403 


General  Assembly,  for  or  against  a  Convention ;  and  if  a  majority  of 
all  the  electors,  voting  at  said  election,  shall  have  voted  for  a  Con- 
vention, the  General  Assembly  shall,  at  their  next  session,  provide, 
by  law,  for  calling  the  same.  The  Convention  shall  consist  of  as 
many  members  as  the  House  of  Representatives,  who  shall  be 
chosen  in  the  same  manner,  and  shall  meet  within  three  months  after 
their  election,  for  the  purpose  aforesaid. 

3.  At  the  general  election,  to  be  held  in  the  year  one  thousand 
eight  hundred  and  seventy-one,  and  in  each  twentieth  year  thereaf- 
ter, the  question  :  "  Shall  there  be  a  Convention  to  revise,  alter,  or 
amend  the  Constitution,"  shall  be  submitted  to  the  electors  of  the 
State;  and,  in  case  a  majority  of  all  the  electors,  voting  at  such 
election,  shall  decide  in  favor  of  a  Convention,  the  General  Assembly, 
at  its  next  session,  shall  provide,  by  law,  for  the  election  of  delegates, 
and  the  assembling  of  such  Convention,  as  is  provided  in  the  preced- 
ing section ;  but  no  amendment  of  this  Constitution,  agreed  upon  by 
any  Convention,  assembled  in  pursuance  of  this  article,  shall  take 
effect,  until  the  same  shall  have  been  submitted  to  the  electors  of 
the  State,  and  adopted  by  a  majority  of  those  voting  thereon. 


SCHEDULE. 


Sec.  1.  All  laws  of  this  State,  in  force  on  the  first  day  of  September,  one  thou- 
sand eight  hundred  and  fifty-one,  not  inconsistent  with  this  constitution,  shall  con- 
tinue in  force,  until  amended  or  repealed. 

2.  The  first  election  for  members  of  the  General  Assembly,  under  this  constitu- 
tion, shall  be  held  on  the  second  Tuesday  of  October,  one  thousand  eight  hundred 
and  fifty-one. 

3.  The  first  election  for  Governor,  Lieutenant  Governor,  Auditor,  Treasurer,  and 
Secretary  of  State,  and  Attorney  General,  shall  be  held  on  the  second  Tuesday  of 
October,  one  thousand  eight  hundred  and  fifty-one.  The  persons,  holding  said 
offices  on  the  first  day  of  September,  one  thousand  eight  hundred  and  fifty-one, 
shall  continue  therein,  until  the  second  Monday  of  January,  one  thousand  eight 
hundred  and  fifty-two. 

4.  The  first  election  for  Judges  of  the  supreme  court,  courts  of  common  pleas, 
and  probate  courts,  and  Clerks  of  the  courts  of  common  pleas,  shall  be  held  on  the 
second  Tuesday  of  October,  one  thousand  eight  hundred  and  fifty-one,  and  the  oflB- 
cial  term  of  said  Judges  and  clerks,  so  elected,  shall  commence  on  the  second 
Monday  of  February,  one  thousand  eight  hundred  and  fifty-two.  Judges  and 
clerks  of  the  courts  of  common  pleas  and  supreme  court,  in  office  on  the  first  day 
of  September,  one  thousand  eight  hundred  and  fifty-one,  shall  continue  in  office 
with  their  present  powers  and  duties,  until  the  second  Monday  of  February,  one 
thousand  eight  hundred  and  fifty-two.  No  suit  or  proceeding,  pending  in  any  of 
the  courts  of  this  State,  shall  be  affected  by  the  adoption  of  this  constitution. 

30 


403  i  CONSTITUTION    OF 


5.  The  Register  and  Receiver  of  the  land  office,  Directors  of  the  Penitentiary, 
Directors  of  the  Benevolent  Institutions  of  the  State,  the  State  Librarian,  and  all 
other  officers,  not  otherwise  provided  for  in  this  Constitution,  in  office  on  the  first 
day  of  September,  one  thousand  eight  hundred  and  fifty-one,  shall  continue  in  office, 
until  their  terms  expire,  respectively,  unless  the  General  Assembly  shall  otherwise 
provide. 

6.  The  Superior  and  Commercial  Courts  of  Cincinnati,  and  the  Superior  Court 
of  Cleveland,  shall  remain,  until  otherwise  provided  by  law,  with  their  present 
powers  and  jurisdiction ;  and  the  Judges  and  clerks  of  said  courts,  in  office  on  the 
first  day  of  September,  one  thousand  eight  hundred  and  fifty-one,  shall  continue  in 
office,  until  the  expiration  of  their  terms  of  office,  respectively,  or,  until  otherwise 
provided  by  law ;  but  neither  of  said  courts  shall  continue  after  the  second  Monday 
of  February,  one  thousand  eight  hundred  and  fifty-three  ;  and  no  suit  shall  be  com- 
menced in  said  two  first  mentioned  courts,  after  the  second  Monday  of  February, 
one  thousand  eight  hundred  and  fifty-two,  nor  in  said  last  mentioned  court,  after 
the  second  Monday  in  August,  one  thousand  eight  hundred  and  fifty-two ;  and  all 
business  in  either  of  said  courts,  not  disposed  of  within  the  time  hmited  for  their 
continuance  as  aforesaid,  shall  be  transferred  to  the  court  of  common  pleas. 

*?.  All  County  and  Township  officers  and  Justices  of  the  peace,  in  office  on  the 
first  day  of  September,  one  thousand  eight  hundred  and  fifty-one,  shall  continue  in 
office  until  their  terms  expire,  respectively. 

8.  Vacancies  in  office,  occurring  after  the  first  day  of  September,  one  thousand 
eight  hundred  and  fifty-one,  shall  be  filled,  as  is  now  prescribed  by  law,  and  until 
officers  are  elected  or  appointed,  and  qualified  under  this  constitution. 

9.  This  Constitution  shall  take  effect,  on  the  first  day  of  September,  one  thousand 
eight  hundred  and  fifty-one. 

10.  All  officers  shall  continue  in  office,  until  their  successors  shall  be  chosen  and 
qualified. 

11.  Suits  pending  in  the  Supreme  Court  in  Bank,  shall  be  transferred  to  the 
Supreme  Court,  provided  for  in  this  Constitution,  and  be  proceeded  in  according 
to  law. 

12.  The  district  courts  shaU,  in  their  respective  counties,  be  the  successors  of 
the  present  Supreme  Court ;  and  all  suits,  prosecutions,  judgments,  records  and 
proceedings,  pending  and  remaining  in  said  Supreme  Court,  in  the  several  counties 
of  any  district,  shall  be  transferred  to  the  respective  district  courts  of  such  counties, 
and  be  proceeded  in,  as  though  no  change  had  been  made  in  said  Supreme  Court. 

13.  The  said  courts  of  common  pleas,  shall  be  the  successors  of  the  present  courts 
of  common  pleas  in  the  several  counties,  except  as  to  probate  jurisdiction ;  and  all 
suits,  prosecutions,  proceedings,  records  and  judgments,  pending  or  being  in  said 
last  mentioned  courts,  except  as  aforesaid,  shall  be  transferred  to  the  courts  of 
common  pleas  created  by  this  Constitution,  and  proceeded  in,  as  though  the  same 
had  been  therein  instituted. 

14.  The  Probate  courts  provided  for  in  this  Constitution,  as  to  all  matters  within 
the  jurisdiction  conferred  upon  said  courts,  shall  be  the  successors,  in  the  several 
counties,  of  the  present  courts  of  common  pleas ;  and  the  records,  files  and  papers, 
business  and  proceedings,  appertaining  to  said  jurisdiction,  shall  be  transferred  to 
said  courts  of  probate,  and  be  there  proceeded  in,  according  to  law. 

1 5.  Until  otherwise  provided  by  law,  elections  for  Judges  and  Clerks  shall  be 
held,  and  the  poll  books  returned,  as  is  provided  for  Governor,  and  the  abstract 
thereform,  certified  to  the  Secretary  of  State,  shall  be  by  him  opened,  in  the  pre- 
sence of  the  Governor,  who  shall  declare  the  result,  and  issue  commissions  to  the 
persons  elected. 

16.  Where  two  or  more  counties  are  joined  in  a  Senatorial,  Representative,  or 
Judicial  district,  the  returns  of  elections  shall  be  sent  to  the  county,  having  the 
largest  population. 

17.  The  foregoing  constitution  shall  be  submitted  to  the  electors  of  the  State,  at 
an  election  to  be  held  on  the  third  Tuesday  of  June,  one  thousand  eight  hundred 
and  fifty-one,  in  the  several  election  districts  of  this  State.  The  ballots  at  such 
election  shall  be  written  or  printed  as  follows :  Those  in  favor  of  the  constitution. 


OHIO.  y403 


"New  Constitution,  Yes;"  those  against  the  constitution,  "New  Constitution,  No." 
The  polls  at  said  election  shall  be  opened  between  the  hours  of  eight  and  ten 
o'clock  A.  M.,  and  closed  at  six  o'clock  P.  M. ;  and  the  said  election  shall  be  con- 
ducted, and  the  returns  thereof  made  and  certified,  to  the  Secretary  of  State,  a8 
provided  by  law  for  annual  elections  of  State  and  County  officers.  Within  twenty 
days  after  such  election,  the  Secretary  of  State  shall  open  the  returns  thereof,  in 
the  presence  of  the  Governor ;  and,  if  it  shall  appear  that  a  majority  of  all  the 
votes,  cast  at  such  election,  are  in  favor  of  the  constitution,  the  Governor  shall 
issue  his  proclamation,  stating  that  fact,  and  said  constitution  shall  be  the  constitu- 
tion of  the  State  of  Ohio,  and  not  otherwise. 

18.  At  the  time  when  the  votes  of  the  electors  shall  be  taken  for  the  adoption 
or  rejection  of  this  constitution,  the  additional  section,  in  the  words  following,  to 
wit:  "  No  license  to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in  this 
State ;  but  the  General  Assembly  may,  by  law,  provide  against  evils  resulting 
thereform,"  shall  be  separately  submitted  to  the  electors  for  adoption  or  rejection, 
in  form  following,  to  wit :  A  separate  ballot  may  be  given  by  every  elector  and 
deposited  in  a  separate  box.  Upon  the  ballots  given  for  said  separate  amendment 
shall  be  written  or  printed,  or  partly  written  and  partly  printed,  the  words :  "  Li- 
cense to  sell  intoxicating  liquors,  Yes ;"  and  upon  the  ballots  given  against  said 
amendment,  in  like  manner,  the  words  :  "  License  to  sell  intoxicating  liquors,  No." 
If,  at  the  said  election,  a  majority  of  all  the  votes  given  for  and  againgt  said  amend- 
ment, shall  contain  tlie  words  :  "  License  to  sell  intoxicating  Hquors,  No,"  then  the 
said  amendment  shall  be  a  separate  section  of  article  fifteen  of  the  constitution. 

19.  The  apportionment  for  the  House  of  Representatives,  during  the  first  decen- 
nial period  under  this  constitution,  shall  be  as  follows  : 

The  counties  of  Adams,  Allen,  Athens,  Auglaize,  Carroll,  Champaign,  Clark, 
CUnton,  Crawford,  Darke,  Delaware,  Erie,  Fayette,  Galha,  Geauga,  Greene,  Han- 
cock, Harrison,  Hocking,  Holmes,  Lake,  Lawrence,  Logan  Madison,  Marion,  Meigs, 
Morrow,  Perry,  Pickaway,  Pike,  Preble,  Sandusky,  Scioto,  Shelby  and  Union,  shall, 
severally,  be  entitled  to  one  Representative,  in  each  session  of  the  decennial  period. 

The  counties  of  Franklin,  Licking,  Montgomery  and  Stark,  shall  each  be  entitled 
to  two  Representatives,  in  each  session  of  the  decennial  period. 

The  counties  of  Ashland,  Coshockton,  Highland,  Huron,  Lorain,  Mahoning,  Me- 
dina, Miami,  Portage,  Seneca,  Summit  and  Warren,  shall,  severally,  be  entitled  to 
one  Representative,  in  each  session ;  and  one  additional  Representative,  in  the  fifth 
session  of  the  decennial  period. 

The  counties  of  Ashtabula,  Brown,  Butler,  Clermont,  Fairfield,  Guernsey,  Jeffer- 
son, Knox,  Monroe,  Morgan,  Richland,  Trumbull,  Tuscarawas  and  Washington, 
shall,  severally,  be  entitled  to  one  Representative,  in  each  session ;  and  two  addi- 
tional Representatives,  one  in  the  third,  and  one  in  the  fourth  session,  of  the  decen- 
nial period. 

The  counties  of  Belmont,  Columbiana,  Ross  and  Wayne,  shall,  severally,  be  en- 
titled to  one  Representative,  in  each  session ;  and  three  additional  Representatives, 
one  in  the  first,  one  in  the  second,  and  one  in  the  third  session,  of  the  decennial 
period. 

The  county  of  Muskingum  shall  be  entitled  to  two  Representatives,  in  each  ses- 
sion ;  and  one  additional  Representative,  in  the  fifth  sessi(in  of  the  decennial  period. 

The  county  of  Cuyahoga  shall  be  entitled  to  two  Representatives,  in  each  ses- 
sion ;  and  two  additional  Representatives,  one  in  the  third,  and  one  in  the  fourth 
session,  of  the  decennial  period. 

The  county  of  Hamilton  shall  be  entitled  to  seven  Representatives,  in  each  ses- 
sion ;  and  four  additional  Representatives,  one  in  the  first,  one  in  the  second,  one 
in  the  third,  and  one  in  the  fourth  session,  of  the  decennial  period. 

The  following  comities,  until  they  shall  have  acqmred  a  sufficient  population  to 
entitle  them  to  elect,  separately,  under  the  fourth  section  of  the  eleventh  article,  shall 
form  districts  in  manner  following,  to  wit :  The  counties  of  Jackson  and  Vinton, 
one  district ;  the  counties  of  Lucas  and  Fulton,  one  district ;  the  counties  of  Wyan- 
dot and  Hardin,  one  district :  the  counties  of  Mercer  and  Van  Wert,  one  district ; 
the  counties  of  Paulding,  Defiance  and  Williams,  one  district ;  the  counties  of  Put- 


4:0Bh  CONSTITUTION    OP    OHIO. 

# 

nam  and  Henry,  one  district ;  and  the  counties  of  "Wood  and  Ottawa,  one  district : 
each  of  whidi  districts  shall  be  entitled  to  one  Representative,  in  erery  session  of 
the  decennial  period. 

Done  in  Convention,  at  Cincinnati,  the  tenth  day  of  March,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  fifty-one,  and  of  the  Independence  of  the 
United  States,  the  seventy-fifth. 

WILLIAM  MEDILL,  Prmdent. 

Attest :  "Wm.  H.  Gill,  Secretary. 


INDIANA. 


This  State  was  first  settled  by  the  French,  as  early  as  1730 ;  but  at  the  peace 
between  France  and  England,  in  1763,  it  came  into  the  hands  of  England.  In 
1787,  the  United  States  took  possession  of  Vincennes,  and  erected  a  fort  on  the 
opposite  bank  of  the  river,  as  a  defense  against  the  savages.  This  countrj'' 
sufiered  much  from  the  Indians  during  the  last  war  with  Great  Britain ;  but 
they  were  defeated  by  the  Americans,  under  Gen.  William  H.  Harrison,  in  a 
bloody  battle  at  Tippacanoe.  This  State  was  a  part  of  the  North-West  Ter- 
ritory until  1800,  when  it  formed  a  territorial  government.  It  became  a  State  in 
1816,  and  adopted  its  constitution.  The  present  constitution  was  adopted  in  1851 
Area,  86,000  sq.  m.     Pop.  in  1850,  988,134. 

CONSTITUTION. 

PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  maintained,  and 
liberty  perpetuated,  We,  the  People  of  the  State  of  Indiana, 
gratefiil  to  Almighty  God  for  the  free  exercise  of  the  right  to 
choose  our  own  form  of  government,  do  ordain  this  constitution. 


INDIANA.  405 


ARTICLE  \.—Bm  of  Bights. 

Sec.  1.  We  declare  that  all  men  are  created  equal ;  that  they  are 
endowed  by  their  Creator  with  certain  unalienable  rights  ;  that  among 
these  are  life,  liberty,  and  the  pursuit  of  happiness  ;  that  all  power 
is  inherent  in  the  people ;  and  that  all  free  governments  are,  and  of 
right  ought  to  be,  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  well  being.  For  the  advancement  of  these  ends, 
the  people  have,  at  all  times,  an  indefeasible  right  to  alter  and  reform 
their  government. 

2.  All  men  shall  be  secured  in  the  natural  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. 

3.  No  law  shall,  in  any  case  whatever,  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of 
conscience. 

4.  ,No  preference  shall  be  given  by  law  to  any  creed,  religious 
society,  or  mode  of  worship ;  and  no  man  shall  be  compelled  to 
attend,  erect,  or  support  any  place  of  worship,  or  to  riiaintain  any 
ministry  against  his  consent. 

5.  No  religious  test  shall  be  required  as  a  qualification  for  any 
office  of  trust  or  profit. 

6.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit  of 
any  religious  or  theological  institution. 

7.  No  person  shall  be  rendered  incompetent  as  a  witness  in  conse- 
quence of  his  opinions  on  matters  of  religion. 

8.  The  mode  of  administering  an  oath  or  affirmation  shall  be  such 
as  may  be  most  consistent  with,  and  binding  upon,  the  conscience  of 
the  person  to  whom  such  oath  or  affirmation  may  be  administered. 

9.  No  law  shall  be  passed  restraining  the  fi-ee  interchange  of 
thought  and  opinion,  or  restricting  the  right  to  speak,  write,  or  print 
freely  on  any  subject  whatever  ;  but  for  the  abuse  of  that  right  every 
person  shall  be  responsible. 

10.  In  all  prosecutions  for  libel,  the  truth  of  the  matters  alleged 
to  be  libellous  may  be  given  in  justification. 

11.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  search  or  seizure,  shall  not 
be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  person  or  thing  to  be  seized. 

12.  All  courts  shall  be  open ;  and  every  man,  for  injury  done  to 
him  in  his  person,  property,  or  reputation,  shall  have  remedy  by 
due  course  of  law.  Justice  shall  be  administered  freely  and  with- 
out purchase  ;  completely,  and  without  denial ;  speedily,  and  without 
delay. 

13.  In  all  criminal  prosecutions  the  accused  shall  have  the  right 
to  a  public  trial  by  an  impartial  jury,  in  the  county  in  which  the 
offence  shall  have  been  committed ;  to  be  heard  by  himself  and 
counsel ;  to  demand  the  nature  and  cause  of  the  accusation  against 


406  CONSTITUTION    OF 


him,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to 
face,  and  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor. 

14.  No  person  shall  be  put  in  jeopardy  twice  for  the  same  offence. 
No  person  in  any  criminal  prosecution  shall  be  compelled  to  testify 
against  himself. 

15.  No  person  arrested  or  confined  in  jail  shall  be  treated  with 
unnecessary  rigor. 

16.  Excessive  bail  shall  not  be  required.  Excessive  fines  shall 
not  be  imposed.  Cruel  and  unusual  punishments  shall  not  be 
inflicted.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offence. 

17.  Offences,  other  than  murder  and  treason,  shall  be  bailable  by 
sufficient  sureties.  Murder  or  treason  shall  not  be  bailable  when  the 
proof  is  evident,  or  the  presumption  strong. 

18.  The  penal  code  shall  be  founded  on  the  principles  of  reforma- 
tion, and  not  of  vindictive  justice. 

19.  In  all  criminal  cases  whatever  the  jury  shall  have  the  right  to 
determine  the  law  and  the  facts. 

20.  In  all  civil  cases,  the  right  of  trial  by  jury  shall  remain  invio- 
late. 

21.  No  man's  particular  services  shall  be  demanded  without  just 
compensation.  No  man's  property  shall  be  taken  by  law  without 
just  compensation ;  nor,  except  in  case  of  the  State,  without  such 
compensation  first  assessed  and  tendered. 

22.  The  privilege  of  the  debtor  to  enjoy  the  necessary  comforts 
of  life,  shall  be  recognised  by  wholesome  laws,  exempting  a  reason- 
able amount  of  property  from  seizure  or  sale  for  the  payment  of  any 
debt  or  liability  hereafter  contracted ;  and  there  shall  be  no  imprison- 
ment for  debt,  except  in  case  of  fraud. 

23.  The  General  Assembly  shall  not  grant  to  any  citizen,  or  class 
of  citizens,  privileges  or  immunities,  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens. 

24.  No  ex-post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts, shall  ever  be  passed. 

25.  No  law  shall  be  passed,  the  taking  effect  of  which  shall  be 
made  to  depend  upon  any  authority,  except  as  provided  in  this  con- 
stitution. 

26.  The  operation  of  the  laws  shall  never  be  suspended,  except 
by  the  authority  of  the  General  Assembly. 

27.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, except  in  case  of  rebellion  or  invasion,  and  then  only  if  the 
public  safety  demand  it. 

28.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  and  in  giving  aid  and  comfort  to  its  enemies. 

29.  No  person  shall  be  convicted  of  treason  except  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  upon  his  confession 
in  open  court. 


INDIANA.  407 


30.  No  conviction  shall  work  corruption  of  blood,  or  forfeiture  of 
estate. 

31.  No  law  shall  restrain  any  of  the  inhabitants  of  the  State  from 
assembling  together  in  a  peaceable  manner  to  consult  for  their  com- 
mon good,  nor  from  instructing  their  representatives,  nor  from  apply- 
ing to  the  General  Assembly  for  redress  of  grievances. 

32.  The  people  shall  have  a  right  to  bear  arms  for  the  defence  of 
themselves  and  the  State. 

83.  The  military  shall  be  kept  in  strict  subordination  to  the  civil 
power. 

34.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war  but  in  a  man- 
ner to  be  prescribed  by  law. 

35.  The  General  Assembly  shall  not  grant  any  title  of  nobility, 
nor  confer  hereditary  distinctions. 

36.  Emigration  from  the  State  shall  not  be  prohibited. 

37.  There  shall  be  neither  slavery  nor  involuntary  servitude  within 
the  State,  otherwise  than  for  the  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted.  No  indenture  of  any  negro 
or  mulatto,  made  and  executed  out  of  the  bounds  of  the  State,  shall 
be  valid  within  the  State. 

ARTICLE  ll.—Suffrage  and  Election. 

Sec.  1.  All  elections  shall  be  free  and  equal. 

2.  In  all  elections,  not  otherwise  provided  for  by  this  constitution, 
every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  and  upwards,  who  shall  have  resided  in  the  State  during 
the  six  months  immediately  preceding  such  election ;  and  every  white 
male  of  foreign  birth  of  the  age  of  twenty-one  years  and  upwards, 
who  shall  have  resided  in  the  United  States  one  year,  and  shall  have 
resided  in  this  State  during  the  six  months  immediately  preceding 
such  election,  and  shall  have  declared  his  intention  to  become  a  citi- 
zen of  the  United  States,  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization,  shall  be  entitled  to  vote  in 
the  township  or  precinct  where  he  may  reside. 

3.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have  acquired 
a  residence  in  the  State,  in  consequence  of  having  been  stationed 
within  the  same  ;  nor  shall  any  such  soldier,  seamen  or  marine  have 
the  right  to  vote. 

4.  No  person  shall  be  deemed  to  have  lost  his  residence  in  the 
State  by  reason  of  his  absence,  either  on  business  of  this  State  or  of 
the  United  States. 

5.  No  negro  or  mulatto  shall  have  the  right  of  suifrage. 

6.  Every  person  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected,  who  shall  have  given 
or  offered  a  bribe,  threat  or  reward  to  procure  his  election. 

7.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a  duel, 


408  CONSTITUTION    OF 


or  who  shall  "knowingly  carry  to  another  person  such  challenge,  or 
who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  be  ineli- 
gible to  any  office  of  trust  or  profit. 

8.  The  General  Assembly  shall  have  power  to  deprive  of  the  right 
of  suffi-age,  and  to  render  ineligible,  any  person  convicted  of  an  infa- 
mous crime. 

9.  No  person  holding  a  lucrative  office  or  appointment  under  the 
United  States,  or  under  this  State,  shall  be  eligible  to  a  seat  in  the 
General  Assembly ;  nor  shall  any  person  hold  more  than  one  lucra- 
tive office  at  the  same  time,  except  as  in  this  constitution  expressly 
permitted :  Provided,  that  offices  in  the  militia,  to  which  there  is 
attached  no  annual  salary,  and  the  office  of  deputy  postmaster,  where 
the  compensation  does  not  exceed  ninety  dollars  per  annum,  shall 
not  be  deemed  lucrative :  And  provided,  also,  that  counties  contain- 
ing less  than  one  thousand  polls,  may  confer  the  office  of  clerk, 
recorder  and  auditor,  or  any  two  of  said  offices,  upon  the  same 
person. 

10.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys,  shall  be  eligible  to  any  office  of  trust  or  profit  until 
he  shall  have  accounted  for,  and  paid  over  according  to  law,  all  sums 
for  which  he  may  be  liable. 

11.  In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be 
filled  by  the  same  person  more  than  a  certain  number  of  years  con- 
tinuously, an  appointment  pro  tempore  shall  not  be  reckoned  a  part 
of  that  term. 

12.  In  all  cases,  except  treason,  felony,  and  breach  of  the  peace, 
electors  shall  be  free  from  arrest  in  going  to  elections,  during  their 
attendance  there,  and  in  returing  from  the  same. 

13.  All  elections  by  the  people  shall  be  by  ballot ;  and  all  elec- 
tions by  the  General  Assembly,  or  by  either  branch  thereof,  shall  be 
viva  voce. 

14.  All  general  elections  shall  be  held  on  the  second  Tuesday  in 
October. 

ARTICLE  III.— Distribution  of  Powers. 

Sec.  1.  The  powers  of  the  government  are  divided  into  three 
separate  departments,  the  legislative,  the  executive,  including  the 
administrative  and  the  judicial ;  and  no  person  charged  with  official 
duties  under  one  of  these  departments  shall  exercise  any  of  the 
functions  of  another,  except  as  in  this  constitution  expressly  provided. 

ARTICLE  lY.— Legislative. 

Sec.  1 .  The  legislative  authority  of  the  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate  and  a  House  of 
Representatives.  The  style  of  every  law  shall  be  :  "  Be  it  enacted 
by  the  General  Assembly  of  the  State  of  Indiana ;"  and  no  law 
shall  be  enacted  except  by  bill. 

2.  The  Senate  shall  not  exceed  fifty,  nor, the  House  of  Represent- 


INDIANA.  409 


atives  one  hundred  members;  and  they  shall  be  chosen  by  the  elec- 
tors of  the  respective  counties  or  districts  into  which  the  State  may 
from  time  to  time  be  divided. 

3.  Senators  shall  be  elected  for  the  term  of  four  years,  and  repre- 
sentatives for  the  term  of  two  years,  from  the  day  next  after  their 
general  election:  Provided,  however,  that  the  senators  elect,  at  the 
second  meeting  of  the  General  Assembly  under  this  constitution, 
shall  be  divided  by  lot  into  two  equal  classes,  as  nearly  as  may,  be ; 
and  the  seats  of  senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  of  those  of  the  second  class  at  the  expi- 
ration of  four  years ;  so  that  one  half,  as  nearly  as  possible,  shall 
be  chosen  biennially  forever  thereafter.  And  in  case  of  increase 
in  the  number  of  senators,  they  shall  be  so  annexed  by  lot  to  one 
or  the  other  of  the  two  classes,  as  to  keep  them  as  nearly  equal  as 
practicable. 

4.  The  General  Assembly  shall,  at  its  second  session  after  the 
adoption  of  this  constitution,  and  every  sixth  year  thereafter,  cause 
an  enumeration  to  be  made  of  all  the  white  male  inhabitants  over 
the  age  of  twenty-one  years. 

5.  The  number  of  senators  and  representatives  shall,  at  the  vsession 
next  following  each  period  of  making  such  enumeration,  be  fixed  by 
law,  and  apportioned  among  the  several  counties,  according  to  the 
number  of  white  male  inhabitants  above  twenty -one  years  of  age  in 
each :  Provided,  that  the  first  and  second  elections  of  members  of 
the  General  Assembly  under  this  constitution  shall  be  according  to 
the  apportionment  last  made  by  the  General  Assembly,  before  the 
adoption  of  this  constitution. 

6.  A  senatorial  or  representative  district,  where  more  than  one 
county  shall  constitute  a  district,  shall  be  composed  of  contiguous 
counties ;  and  no  county  for  senatorial  apportionment  shall  ever  be 
divided. 

7.  No  person  shall  be  a  senator  or  a  representative  who  at  the 
time  of  his  election  is  not  a  citizen  of  the  United  States  ;  nor  any  one 
who  has  not  been  for  two  years  next  preceding  his  election  an  inha- 
bitant of  this  State,  and  for  one  year  next  preceding  his  election  an 
inhabitant  of  the  county  or  district  whence  he  may  be  chosen.  Sen- 
ators shall  be  at  least, twenty -five,  and  representatives  at  least  twenty- 
one  years  of  age. 

8.  Senators  and  representatives,  in  all  cases  except  treason,  felony, 
and  breach  of  the  peace,  shall  be  privileged  from  arrest  during  the 
session  of  the  General  Assembly,  and  in  going  to  and  returning 
fi-om  the  same;  and  shall  not  be  subject  to  any  civil  process 
during  the  session  of  the  General  Assembly,  nor  during  the  fifteen 
days  next  before  the  commencement  thereof.  For  any  speech  or 
debate  in  either  house  a  member  shall  not  be  questioned  in  any  other 
place. 

9.  The  sessions  of  the  General  Assembly  shall  be  held  biennially 
at  the  capital  of  the  State,  commencing  on  the  Thursday  next  after 


410  CONSTITUTION    OP 


the  first  Monday  of  January,  in  the  year  one  thousand  eight  hundred 
and  fifty-three,  and  on  the  same  day  of  every  second  year  there- 
after, unless  a  different  day  or  place  shall  have  been  appointed  by 
law.  But  if  in  the  opinion  of  the  governor  the  public  welfare 
shall  require  it,  he  may  at  any  time,  by  proclamation,  call  a  special 
session. 

10.  Each  house  when  assembled  shall  choose  its  own  officers  (the 
president  of  the  Senate  excepted),  judge  the  elections,  qualifications, 
and  returns  of  its  own  members,  determine  its  rules  of  proceeding, 
and  sit  upon  its  own  adjournment.  But  neither  house  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  place  other  than  that  in  which  it  may  be  sitting. 

11.  Two-thirds  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  meet,  adjourn  from  tiay  to  day,  and 
compel  the  attendance  of  absent  members.  A  quorum  being  in 
attendance,  if  either  house  fail  to  effect  an  organization  within  the 
first  five  days  thereafter,  the  members  of  the  house  so  failing  shall 
be  entitled  to  no  compensation  from  the  end  of  the  said  five  days 
until  an  organization  shall  have  been  effected. 

12.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
the  same.  The  yeas  and  nays  on  any  question  shall,  at  the  request 
of  any  two  members,  be  entered,  together  with  the  names  of  the 
members  demanding  the  same,  on  the  journal :  Provided,  that  on  a 
motion  to  adjourn,  it  shall  require  one-tenth  of  the  members  present 
to  order  the  yeas  and  nays. 

13.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  either 
house  may  require  secrecy. 

14.  Either  house  may  punish  its  members  for  disorderly  behavior, 
and  may,  with  the  concurrence  of  two-thirds,  expel  a  member  ;  but 
not  a  second  time  for  the  same  cause. 

15.  Either  house,  during  its  session,  may  punish  by  imprisonment 
any  person  not  a  member  who  shall  have  been  guilty  of  disrespect 
to  the  house,  by  disorderly  or  contemptuous  behavior  in  its  pres- 
ence ;  but  such  imprisonment  shall  not  at  any  time  exceed  twenty- 
four  hours. 

16.  Each  house  shall  have  all  powers  necessary  for  a  branch  of 
the  legislative  department  of  a  free  and  independent  State. 

17.  Bills  may  originate  in  either  house,  but  may  be  amended  or 
rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  origi- 
nate in  the  House  of  Representatives. 

18.  Every  bill  shall  be  read  by  sections  on  three  several  days  in 
each  house,  unless,  in  case  of  emergency,  two-thirds  of  the  house 
where  such  bill  may  be  depending  shall,  by  a  vote  of  yeas  and  nays, 
deem  it  expedient  to  dispense  with  this  rule ;  but  the  reading  of  a 
bill  by  sections,  on  its  final  passage,  shall  in  no  case  be  dispensed 
with ;  and  the  vote  on  the  passage  of  every  bill  or  joint  resolution 
shall  be  taken  by  yeas  and  nays. 


INDIANA.  411 


19.  Every  act  shall  embrace  but  one  subject  and  matters  properly 
connected  therewith ;  which  subject  shall  be  expressed  in  the  title. 
But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not  -be 
expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  the  title.  ' 

20.  Every  act  and  joint  resolution  shall  be  plainly  worded,  avoid- 
ing as  far  as  practicable  the  use  of  technical  terms. 

21.  No  act  shall  ever  be  revised  or  amended  by  mere  reference  to 
'its  title;  but  the  act  revised,  or  section  amended,  shall  be  set  forth 

and  published  at  full  length. 

22.  The  General  Assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say  : 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace  and 
of  constables ; 

For  the  punishment  of  crimes  and  misdemeanors ;  • 

Regulating  the  practice  in  courts  of  justice ; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases ; 

Granting  divorces ; 

Changing  the  names  of  persons ; 

For  laying  out,  opening,  and  working  on  highways,  and  for  the 
election  or  appointment  of  supervisors  ; 

Vacating  roads,  town  plats,  streets,  alleys,  and  public  squares ; 

Summoning  and  empanelling  grand  and  petit  juries,  and  providiijg 
for  their  compensation ; 

Regulating  county  and  township  business  ; 

Regulating  the  election  of  county  and  township  officers,  and  their 
compensation ; 

For  the  assessment  and  collection  of  taxes  for  State,  county,  town- 
ship, or  road  purposes ; 

Providing  for  supporting  common  schools,  and  for  the  preservation 
of  school  funds ; 

In  relation  to  fees  or  salaries  ; 

In  relation  to  interest  on  money ; 

Providing  for  opening  and  conducting  elections  (5f  State,  county, 
or  township  officers,  and  designating  the  places  of  voting ; 

Providing  for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administra- 
tors, guardians^  or  trustees. 

23.  In  all  the  eases  enumerated  in  the  preceding  sections,  and  in  all 
other  cases  where  a  general  law  can  be  made  applicable,  all  laws 
shall  be  general,  and  of  uniform  operation  throughout  the  State. 

24.  Provision  may  be  made  by  general  law  for  bringing  suit 
against  the  State  as  to  all  liabilities  originating  after  the  adoption  of 
this  constitution;  but  no  special  act  authorizing  such  suit  to  be 
brought,  or  making  compensation  to  any  person  claiming  damages 
against  the  State,  shall  ever  be  passed. 

25.  A  majority  of  all  the  members  elected  to  each  house  shall  be 
necessary  to  pass  every  bill  or  joint  resolution ;  and  all  bills  and 


412  CONSTITUTION    OF 


joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers 
of  the  respective  houses. 

26.  Any  member  of  either  house  shall  have  the  right  to  protest, 
and  to  have  his  protest,  witii  his  reasons  for  dissent,  entered  on  the 
journal.         * 

27.  Every  statute  shall  be  a  public  law  unless  otherwise  declared 
in  the  statute  itself. 

28.  No  act  shall  take  effect  until  the  same  shall  have  been  pub- 
lished and  circulated  in  the  several  counties  of  the  State  by  authority, ' 
except  in  case  of  emergency ;  which  emergency  shall  be  declared  in 
the  preamble,  or  in  the  body  of  the  law. 

29.  The  members  of  the  General  Assembly  shall  receive  for  their 
services  a  compensation  to  be  fixed  by  law ;  but  no  increase  of 
compensation  shall  take  effect  during  the  session  at  which  such 
increase  may  be  made.  No  session  of  the  General  Assembly,  except 
the  first  under  this  constitution,  shall  extend  beyond  the  term  of 
sixty-one  days,  nor  any  special  session  beyond  the  term  of  forty 
days. 

30.  No  senator  or  representative  shall,  during  the  term  for  which 
he  may  have  been  elected,  be  eligible  to  any  office,  the  election  to 
which  is  vested  in  the  General  Assembly  ;  nor  shall  he  be  appointed 
to  any  civil  office  of  profit  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  such  term ; 
but  this  latter  provision  shall  not  be  construed  to  apply  to  any  office 
elective  by  the  people. 

ARTICLE  Y .—Executive. 

Sec.  1.  The  executive  power  of  the  State  shall  be  vested  in  a 
governor.  He  shall  hold  his  office  during  four  years,  and  shall  not 
be  eligible  more  than  four  years  in  any  period  of  eight  years. 

2.  There  shall  be  a  lieutenant  governor,  who  shall  hold  his  office 
during  four  years. 

3.  The  governor  and  lieutenant  governor  shall  be  elected  at  the 
times  and  places  of  choosing  members  of  the  General  Assembly. 

4.  In  voting  for  governor  and  lieutenant  governor,  the  electors 
shall  designate  for  whom  they  vote  as  governor,  and  for  whom  as 
lieutenant  governor.  T4ie  returns  of  every  election  for  governor  and 
lieutenant  governor  shall  be  sealed  up  and  transmitted  to  the  seat 
of  government,  directed  to  the  speaker  of  the  House  of  Representa- 
tives, who  shall  open  and  publish  them  in  the  presence  of  both  houses 
of  the  General  Assembly. 

5.  The  person  respectively  having  the  highest  number  of  votes  for 
governor  and  lieutenant  governor,  shall  be  elected ;  but  in  case  two 
or  more  persons  shall  have  an  equal  and  the  highest  number  of  votes 
for  either  office,  the  General  Assembly  shall  by  joint  vote  forthwith 
proceed  to  elect  one  of  the  said  persons  governor  or  lieutenant  gov- 
ernor, as  the  case  may  be. 


INDIANA.  413 


6.  Contested  elections  for  governor  or  lieutenant  governor  shall 
be  determined  by  the  General  Assembly,  in  such  manner  as  may  be 
prescribed  by  law. 

7.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieuten- 
ant governor  who  shall  not  have  been  five  years  a  citizen  ^f  the 
United  States,  and  also  a  resident  of  the  State  of  Indiana  during  the 
five  years  next  preceding  his  election ;  nor  shall  any  person  be 
eligible  to  either  of  the  said  offices  who  shall  not  have  attained  the 
'age  of  thirty  years. 

8.  No  member  of  Congress,  or  person  holding  any  office  under  the 
United  States,  or  under  this  State,  shall  fill  the  office  of  governor  or 
lieutenant  governor. 

9.  The  official  term  of  the  governor  and  lieutenant  governor  shall 
commence  on  the  second  Monday  of  January,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-three,  and  on  the  same  day  every  fourth 
year  thereafter. 

10.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  duties  of  the  office, 
the  same  shall  devolve  on  the  lieutenant  governor ;  and  the  General 
Assembly  shall  by  law  provide  for  the  case  of  removal  from  office, 
death,  resignation,  or  inability,  both  of  the  governor  and  lieutenant 
governor,  declaring  what  officer  shall  then  act  as  governor ;  and  such 
officer  shall  act  accordingly,  until  the  disability  be  removed,  or  % 
governor  be  elected. 

11.  Whenever  the  lieutenant  governor  shall  act  as  governor,  or 
shall  be  unable  to  attend  as  president  of  the  Senate,  the  Senate  shall 
elect  one  of  its  own  members  as  president  for  the  occasion. 

12.  The  governor  shall  be  commander-in-chief  of  the  military  and 
naval  forces,  and  may  call  out  such  forces  to  execute  the  laws,  or  to 
suppress  insurrection,  or  to  repel  invasion. 

13.  He  shall  from  time  to  tim^  give  to  the  General  Assembly 
information  touching  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  judge  to  be  expedient. 

14.  Every  bill  which  shall  havfe  passed  the  General  Assembly 
shall  be  presented  to  the  governor  ;  if  he  approve  he  shall  sign  it, 
but  if  not  he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  shall  have  originated,  which  house  shall  enter  the  objections 
at  large  upon  its  journals,  and  proceed  to  reconsider  the  bill.  If 
after  such  consideration  a  majority  of  all  the  members  elected  to 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  gov- 
ernor's objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered ;  and  if  approved  by  a  majority  of  all  the  members 
elected  to  that  house,  it  shall  be  a  law.  If  any  bill  shall  not  be 
returned  by  the  governor  within  three  days,  Sundays  excepted,  after 
it  shall  have  been  presented  to  him,  it  shall  be  a  law  without  his 
signature,  unless  the  general  adjournment  shall  prevent  its  return,  in 
whicji  case  it  shall  be  a  law,  unless  the  governor  within  five  days 
next  after  such  adjournment  shall  file  such  bill,  with  his  objections 


414  CONSTITUTION    OF 


thereto,  in  the  office  of  secretary  of  state,  who  shall  lay  the  same 
before  the  General  Assembly  at  its  next  session,  in  like  manner  as 
if  it  had  been  returned  by  the  governor.  But  no  bill  shall  be  pre- 
sented to  the  governor  within  two  days  next  previous  to  the  final 
adjourhment  of  the  General  Assembly. 

15.  The  governor  shall  transact  all  necessary  business  with  the. 
officers  of  government,  and  may  require  information  in  writing  from 
the  officers  of  the  administrative  department,  upon  any  subject  rela- 
ting to  the  duties  of  their  respective  offices. 

16.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

17.  He  shall  have  the  power  to  grant  reprieves,  commutations 
and  pardons,  after  conviction,  for  all  offences  except  treason  and 
cases  of  impeachment,  subject  to  such  regulations  as  may  be  provided 
by  law.  Upon  conviction  for  treason,  he  shall  have  power  to  sus- 
pend the  execution  of  the*  sentence  until  the  case  shall  be  reported 
to  the  General  Assembly  at  its  next  meeting,  when  the  General 

.  Assembly  shall  either  grant  a  pardon,  commute  the  sentence,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieve.  He  shall 
have  power  to  remit  fines  and  forfeitures,  under  such  regulations  as 
may  be  prescribed  by  law ;  and  shall  report  to  the  General  Assem- 
bly at  its  next  meeting  each  case  of  reprieve,  commutation,  or  pardon 
granted,  and  also  the  names  of  all  persons  in  whose  favor  remission 
of  fines  and  forfeitures  shall  have  been  made,  and  the  several  amounts 
remitted :  Provided,  however,  that  the  General  Assembly  may  by 
law  constitute  a  council,  to  be  composed  of  officers  of  State,  without 
whose  advice  and  consent  the  governor  shall  not  have  power  to  grant 
pardons  in  any  case,  except  such  as  may  by  law  be  left  to  his  sole 
power. 

18.  When,  during  a  recess  of  the  General  Assembly,  a  vacancy 
shall  happen  in  any  office,  the  appointment  to  which  is  vested  in 
the  General  Assembly ;  or  when  at  any  time  a  vacancy  shall  have 
occurred  in  any  other  State  office,  or  in  the  office  of  judge  of  any 
court,  the  governor  shall  fill  such  vacancy  by  appointment,  which 
shall  expire  when  a  successor  sh&ll  have  been  elected  and  qualified. 

19.  He  shall  issue  writs  of  election  to  fill  such  vacancies  as  may 
have  occurred  in  the  General  Assembly. 

20.  Should  the  seat  of  government  become  dangerous  from  disease 
or  a  common  enemy,  he  may  convene  the  General  Assembly  at  any 
other  place. 

21.  The  lieutenant  governor  shall,  by  virtue  of  his  office,  be  presi- 
dent of  the  Senate,  have  a  right  when  in  committee  of  the  whole  to 
join  in  debate,  and  to  vote  on  all  subjects ;  and  whenever  the  Senate 
shall  be  equally  divided,  he  shall  give  the  casting  vote. 

22.  The  governor  shall  at  stated  times  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  term  for  which  he  shall  have  been  elected. 

23.  The  lieutenant  governor,  while  he  shall  act  as  president  of  the 
Senate,  shall  receive  for  his  services  the  same  compensation  as  the 


INDIANA.  415 


speaker  of  the  House  of  Representatives ;  and  any  person  acting 
as  governor  shall  receive  the  compensation  attached  to  the  office  of 
governor. 

24.  Neither  the  governor  nor  lieutenant  governor  shall  be  eligible 
to  any  other  office  during  the  term  for  which  he  shall  have  been 
elected. 

ARTICLE  Yl.— Administrative. 

Sec.  1.  There  shall  be  elected  by  the  voters  of  the  State,  a  secre- 
tary, an  auditor  and  a  treasurer  of  state,  who  shall  severally  hold 
their  offices  for  two  years.  They  shall  perform  such  duties  as  may 
be  enjoined  by  law  ;  and  no  person  shall  be  eligible  to  either  of  said 
offices  more  than  four  years  in  any  period  of  six  years. 

2.  There  shall  be  elected  in  each  county  by  the  voters  thereof,  at 
the  time  of  holding  general  elections,  a  clerk  of  the  circuit  court, 
auditor,  recorder,  treasurer,  sheriff,  coroner  and  surveyor.  The 
clerk,  auditor  and  recorder,  shall  continue  in  office  four  years ;  and 
no  person  shall  be  eligible  to  the  office  of  clerk,  recorder  or  auditor, 
more  than  eight  years  in  any  period  of  twelve  years.  The  treasurer, 
sheriff,  coroner  and  surveyor,  shall  continue  in  office  two  years ;  and 
no  person  shall  be  eligible  to  the  office  of  treasurer  or  sheriff  more 
than  four  years  in  any  period  of  six  years. 

3.  Such  other  county  and  township  officers  as  may  be  necessary, 
shall  be  elected  or  appointed  in  such  manner  as  may  be  prescribed 
by  law. 

4.  No  person  shall  be  elected  or  appointed  as  a  county  officer 
who  shall  not  be  an  elector  of  the  county ;  nor  any  one  who  shall  not 
have  been  an  inhabitant  thereof  during  one  year  next  preceding  his 
appointment,  if  the  county  shall  have  been  so  long  organized ;  but 
if  the  county  shall  not  have  been  so  long  organized,  then  within  the 
limits  of  the  county  or  counties  out  of  which  the  same  shall  have 
been  taken. 

5.  The  governor  and  the  secretary,  auditor  and  treasurer  of  state, 
shall  severally  reside,  and  keep  the  public  records,  books  and  papers 
in  any  manner  relating  to  their  respective  offices,  at  the  seat  of 
government. 

6.  All  county,  township  and  town  officers  shall  reside  within  their 
respective  counties,  townships  and  towns,  and  shall  keep  their  respec- 
tive offices  at  such  places  therein,  and  perform  such  duties  as  may  be 
directed  by  law. 

7.  All  State  officers  shall,  for  crime,  incapacity,  or  negligence,  be 
liable  to  be  removed  from  office,  either  by  impeachment  by  the 
House  of  Representatives,  to  be  tried  by  the  Senate,  or  by  a  joint 
resolution  of  the  General  Assembly,  two-thirds  of  the  members 
elected  to  each  branch  voting  in  either  case  therefor. 

8.  All  State,  county,  township  and  town  officers  may  be  impeached 
or  removed  from  office  in  such  manner  as  may  be  prescribed  by 
law. 

31 


416  CONSTITUTION    OF 


9.  Vacancies  in  county,  township  and  town  offices,* shall  be  filled 
in  such  manner  as  may  be  prescribed  by  law. 

10.  The  General  Assembly  may  confer  upon  the  boards  doing 
county  business  in  the  several  counties,  powers  of  a  local,  adminis- 
trative character. 

ARTICLE  Yll— Judicial. 

Sec.  1.  The  judicial  power  of  the  State  shall  be  vested  in  a  supreme 
court,  in  circuit  courts,  and  in  such  inferior  courts  as  the  General 
Assembly  may  establish. 

2.  The  supreme  court  shall  consist  of  not  less  than  three,  nor  more 
than  five  judges,  a  majority  of  whom  shall  form  a  quorum.  They 
shall  hold  their  offices  for  six  years,  if  they  so  long  behave  well. 

3.  The  State  shall  be  divided  into  as  many  districts  as  there  are 
judges  of  the  supreme  court ;  and  such  districts  shall  be  formed  of 
contiguous  territory,  as  nearly  equal  in  population  as,  without  divid- 
ing a  county,  the  same  can  be  made.  One  of  said  judges  shall  be 
elected  from  each  district,  and  reside  therein ;  but  said  judges  shall 
be  elected  by  the  electors  of  the  State  at  large. 

4.  The  supreme  court  shall  have  jurisdiction  co-extensive  with 
the  limits  of  the  State,  in  appeals  and  writs  of  error,  under  such 
regulations  and  restrictions  as  may  be  prescribed  by  law.  It  shall 
also  have  such  original  jurisdiction  as  the  General  Assembly  may 
confer. 

5.  The  supreme  court  shall,  upon  the  decision  of  every  case,  give 
a  statement  in  writing  of  each  question  arising  in  the  record  of^  such 
case,  and  the  decision  of  the  court  thereon. 

6.  The  General  Assembly  shall  provide  by  law  for  the  speedy 
publication  of  the  decisions  of  the  supreme  court  made  under  this 
constitution  ;  but  no  judge  shall  be  allowed  to  report  such  decisions. 

7.  There  shall  be  elected  by  the  voters  of  the  State,  a  clerk  of  the 
supreme  court,  who  shall  hold  his  office  four  years,  and  whose  duties 
shall  be  prescribed  by  law. 

8.  The  circuit  courts  shall  each  consist  of  one  judge,  and  shall 
have  such  civil  and  criminal  jurisdiction  as  may  be  prescribed  by  law. 

0.  The  State  shall  from  time  to  time  be  divided  into  judicial 
circuits;  and  a  judge  for  each  circuit  shall  be  elected  by  the  voters 
thereof.  He  shall  reside  within  the  circuit,  and  shall  hold  his  office 
for  the  term  of  six  years,  if  he  so  long  behave  well. 

10.  The  General  Assembly  may  provide  by  law  that  the  judge  of 
one  circuit  may  hold  the  courts  of  another  circuit,  in  cases  of  neces- 
sity or  convenience ;  and  in  case  of  temporary  inability  of  any  judge, 
from  sickness  or  other  cause,  to  hold  the  courts  in  his  circuit,  pro- 
vision shall  be  made  by  law  for  holding  such  courts. 

11.  There  shall  be  elected  in  each  judicial  circuit,  by  the  voters 
thereof,  a  prosecuting  attorney,  who  shall  hold  his  office  for  two 
years. 

12.  Any  judge  or  prosecuting  attorney  who  shall  have  been  con- 


INDIANA.  417 


victed  of  corruption  or  other  high  crime,  may,  on  information  in  the 
name  of  the  State,  be  removed  from  office  by  the  supreme  court,  or 
in  such  other  manner  as  may  be  prescribed  by  law. 

13.  The  judges  of  the  supreme  court  and  circuit  courts  shall  at 
stated  times  receive  a  compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

14.  A  competent  number  of  justices  of  the  peace  shall  be  elected 
by  the  voters  in  each  township  in  the  several  counties.  They  shall 
continue  in  office  four  years,  and  their  powers  and  duties  shall  be 
prescribed  by  law. 

15.  All  judicial  officers  shall  be  conservators  of  the  peace  in  their 
respective  jurisdictions. 

16.  No  person  elected  to  any  judicial  office  shall,  during  the  term 
for  which  he  shall  have  been  elected,  be  eligible  to  any  office  of  trust 
or  profit  under  the  State,  other  than  a  judicial  office. 

17.  The  General  Assembly  may  modify  or  abolish  the  grand  jury 
system. 

18.  All  criminal  prosecutions  shall  be  carried  on  in  the  name  and 
by  the  authority  of  the  State  ;  and  the  style  of  all  process  shall  be : 
"  The  State  of  Indiana." 

19.  Tribunals  of  conciliation  may  be  established,  with  such  powers 
and  duties  as  shall  be  prescribed  by  law ;  or  the  powers  and  duties 
of  the  same  may  be  conferred  upon  other  courts  of  justice  ;  but  such 
tribunals  or  other  courts,  when  sitting  as  such,  shall  have  no  power 
to  render  judgment  to  be  obligatory  on  the  parties,  unless  they  volun- 
tarily submit  their  matters  of  difference,  and  agree  to  abide  the  judg- 
ment of  such  tribunal  or  court. 

20.  The  General  Assembly,  at  its  first  session  after  the  adoption 
of  this  constitution,  shall  provide  for  the  appointment  of  three  com- 
missioners, whose  duty  it  shall  be  to  revise,  simplify,  and  abridge 
the  rules,  practice,  •pleadings,  and  forms  of  the  courts  of  justice. 
And  they  shall  provide  for  abolishing  the  distinct  forms  of  action  at 
law  now  in  use,  and  that  justice  shall  be  administered  in  a  uniform 
mode  of  pleading,  without  distinction  between  law  and  equity.  And 
the  General  Assembly  may  also  make  it  the  duty  of  said  commis- 
sioners to  reduce  into  a  systematic  code  the  general  statute  law  of 
the  State ;  and  said  commissioners  shall  report  the  result  of  their 
labors  to  the  General  Assembly,  with  such  recommendations  and 
suggestions  as  to  abridgment  and  amendment  as  to  said  commis- 
sioners may  seem  necessary  or  proper.  Provision  shall  be  made  by 
law  for  filling  vacancies,  regulating  the  tenure  of  office  and  the  com- 
pensation of  said  commissioners. 

21.  Every  person  of  good  moral  character,  being  a  voter,  shall  be 
entitled  to  admission  to  practice  law  in  all  courts  of  justice. 

ARTICLE  Mill.— Education. 

Sec.  1.  Knowledge  and  learning  generally  diffused  thi'oughout  a 
community  being  essential  to  the  preservation  of  a  free  government, 


418  CONSTITUTION    OF 


it  shall  be  the  duty  of  the  General  Assembly  to  encourage,  by  all 
suitable  means,  moral,  intellectual,  scientific,  and  agricultural  improve- 
ment, and  to  provide  by  law  for  a  general  and  uniform  system  of 
common  schools,  wherein  tuition  shall  be  without  charge,  and  equally 
open  to  all, 

2.  The  common  school  fund  shall  consist  of  the  congressional 
township  fund,  and  the  lands  belonging  thereto  ; 

The  surplus  revenue  fund  ; 

The  saline  fund,  and  the  lands  belonging  thereto  ; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one  hundred  and 
fourteenth  section  of  the  charter  of  the  State  Bank  of  Indiana ; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and 
the  moneys  and  property  heretofore  held  for  such  seminaries ;  from 
the  fines  assessed  for  breaches  of  the  penal  laws  of  the  State ;  and 
from  all  forfeitures  which  may  accrue ; 

All  lands  and  other  estate  which  shall  escheat  to  the  State  for 
want  of  heirs  or  kindred  entitled  to  the  inheritance ; 

All  lands  that  have  been,  or  may  hereafter  be,  granted  to  the 
State,  where  no  special  purpose  is  expressed  in  the  grant,  and  the 
proceeds  of  the  sales  thereof,  including  the  proceeds  of  the  sales  of 
the  swamp  lands  granted  to  the  State  of  Indiana  by  the  act  of  Con- 
gress of  28th  September,  1850,  after  deducting  the  expense  of  select- 
ing and  draining  the  same  ; 

Taxes  on  the  property  of  corporations  that  may  be  assessed  for 
common  school  purposes. 

3.  The  principal  of  the  common  school  fund  shall  remain  a  per- 
petual fund,  which  may  be  increased,  but  shall  never  be  diminished ; 
and  the  income  thereof  shall  be  inviolably  appropriated  to  the  sup- 
port of  common  schools,  and  to  no  other  purpose  whatever. 

4.  The  General  Assembly  shall  invest,  in  some  safe  and  profitable 
manner,  all  such  portions  of  the  common  schooj  fund  as  have  not 
heretofore  been  entrusted  to  the  several  counties ;  and  shall  make 
provision  by  law  for  the  distribution  among  the  several  counties  of 
the  interest  thereof. 

5.  If  any  county  shall  fail  to  demand  its  proportion  of  such  inter- 
est for  common  school  purposes,  the  same  shall  be  reinvested  for  the 
benefit  of  such  county. 

6.  The  several  counties  shall  be  held  liable  for  the  preservation 
of  so  much  of  the  said  fund  as  n^y  be  entrusted  to  them,  and  for  the 
payment  of  the  annual  interest  thereon. 

7.  All  trust  funds  held  by  the  State  shall  remain  inviolate,  and  be 
faithfully  and  exclusively  applied  to  the  purposes  for  which  the  trust 
was  created. 

8.  The  General  Assembly  shall  provide  for  the  election,  by  the 
voters  of  the  State,  of  a  state  superintendent  of  public  instruction, 
who  shall  hold  his  office  for  two  years,  and  whose  duties  and  com- 
pensation shall  be  prescribed  by  law.  • 


INDIANA.  419 


ARTICLE  IX.—State  Institutions. 

S.EC.  1.  It  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide by  law  for  the  support  of  institutions  for  the  education  of  the 
deaf  and  dumb,  and  of  the  blind,  and  also  for  the  treatment  of  the 
insane. 

2.  The  General  Assembly  shall  provide  houses  of  refuge  for  the 
correction  and  reformation  of  juvenile  offenders. 

3.  The  county  boards  shall  have  power  to  provide  farms,  as  an 
asylum  for  those  persons  who,  by  reason  of  age,  infirmity,  of  other 
misfortune,  may  have  claims  upon  the  sympathies  and  aid  of  society. 

ARTICLE  X.— Finance. 

Sec.  1.  The  General  Assembly  shall  provide  by  law  for  a  uniform 
and  equal  rate  of  assessment  and  taxation,  and  shall  prescribe  such 
regulations  as  shall  secure  a  just  valuation  for  taxation  of  all  pro- 
perty, both  real  and  personal,  excepting  such  only  for  municipal, 
educational,  literary,  scientific,  religious,  or  charitable  purposes,  as 
may  be  specially  exempted  by  law. 

2.  All  the  revenues  derived  from  the  sale  of  any  of  the  public 
works  belonging  to  the  State,  and  from  the  net  annual  income  thereof,  * 
and  any  surplus  that  may  at  any  time  remain  in  the  treasury  derived 
from  taxation  for  general  State  purposes,  after  the  payment  of  the 
ordinary  expenses  of  the  government,  and  of  the  interest  on  bonds 
of  the  State,  other  than  bank  bonds,  shall  be  annually  applied,  under 
the  direction  of  the  General  Assembly,  to  the  payment  of  the  prin- 
cipal of  the  public  debt. 

3.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance 
of  appropriations  made  by  law. 

4.  An  accurate  statement  of  the  receipts  and  expenditures  of  the 
public  money  shall  be  published  with  the  laws  of  each  regular  session 
of  the  General  Assembly. 

5.  No  law  shall  authorize  any  debt  to  be  contracted  on  behalf  of 
the  State,  except  in  the  following  cases  :  To  meet  casual  deficits  in 
the  revenue,  to  pay  the  interest  on  the  State  debt,  to  repel  invasion, 
suppress  insurrection,  or  if  hostilities  be  threatened,  provide  for  the 
public  defence. 

6.  No  county  shall  subscribe  for  stock  in  any  incorporated  com- 
pany, unless  the  same  be  paid  for  at  the  time  of  such  subscription ; 
nor  shall  any  county  loan  its  credit  to  any  incorporated  company,  nor 
borrow  money  for  the  purpose  of  taking  stock  in  any  such  company  ; 
nor  shall  the  General  Assembly  ever  on  behalf  of  the  State  assume 
the  debts  of  any  county,  city,  town  or  township,  nor  of  any  corpora- 
tion whatever. 

ARTICLE  Xl— Corporations. 

Sec.  1.  The  General  Assembly  shall  not  have  power  to  estab- 
lish o^  incorporate  any  bank  or  banking  company,  ormo.^eyed  insti 


42d  CONSTITUTION    OF 


tution,  for  the  purpose  of  issuing  bills  of  credit,  or  bills  payable  to 
order  or  bearer,  except  under  the  conditions  prescribed  in  this  con- 
stitution. 

2.  No  banks  shall  be  established  otherwise  than  under  a  general 
banking  law,  except  as  provided  in  the  fourth  section  of  this  article. 

3.  If  the  General  Assembly  shall  enact  a  general  banking  law, 
such  law  shall  provide  for  the  registry  and  countersigning  by  an 
officer  of  State  of  all  paper  credit  designed  to  be  circulated  as 
money,  and  ample  collateral  security,  readily  convertible  into  specie, 
for  the  redemption  of  the  same  in  gold  or  silver,  shall  be  required, 
which  collateral  security  shall  be  under  the  control  of  the  proper 
officer  or  officers  of  State. 

4.  The  General  Assembly  may  also  charter  a  bank  with  branches 
without  collateral  security,  as  required  in  the  preceding  section. 

5.  If  the  General  Assembly  shall  establish  a  bank  with  branches, 
the  branches  shall  be  mutually  responsible  for  each  other's  liabilities 
upon  all  paper  credit  issued  as  money. 

6.  The  stockholders  in  every  bank  or  banking  company  shall  be 
individually  responsible  to  an  amount  over  and  above  their  stock, 
equal  to  their  respective  shares  of  stock,  for  all  debts  or  liabilities 
of  said  bank  or  banking  company. 

7.  All  bills  or  notes  issued  as  money  shall  be  at  all  times  redeem- 
able in  gold  or  silver;  and  no  law  shall  be  passed  sanctioning, 
directly  or  indirectly,  the  suspension  by  any  bank  or  banking  com- 
pany of  specie  payments. 

8.  Holders  of  bank  notes  shall  be  entitled,  in  case  of  insolvency, 
to  preference  of  payment  over  all  other  creditors. 

9.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate 
of  interest  than  shall  be  allowed  by  law  to  individuals  loaning 
money. 

10.  Every  bank  or  banking  company  shall  be  required  to  cease 
all  banking  operations  within  twenty  years  from  the  time  of  its 
organization,  and  promptly  thereafter  to  close  its  business. 

11.  The  General  Assembly  is  not  prohibited  from  investing  the 
trust  funds  in  a  bank  with  branches ;  but  in  case  of  such  invest- 
ment, the  safety  of  the  same  shall  be  guarantied 'by  unquestionable 
security. 

12.  The  State  shall  not  be  a  stockholder  in  any  bank  after  the 
expiration  of  the  present  bank  charter ;  nor  shall  the  credit  of  the 
State  ever  be  given  or  loaned  in  aid  of  any  person,  association,  or 
corporation ;  nor  shall  the  State  hereafter  become  a  stockholder  in 
any  corporation  or  association. 

13.  Corporations,  other  than  banking,  shall  not  be  created  by 
special  act,  but  may  be  formed  under  general  laws. 

14.  Dues  from  corporations,  other  than  banking,  shall  be  secured 
by  such  individual  liability  of  the  corporators,  or  other  means,  as 
may  be  prescribed  by  law. 


INDIATfA. 


421 


ARTICLE  Xn.— Militia. 

Sec.  1.  The  militia  shall  consist  of  all  able  bodied  white  male 
persons,  between  the  ages  of  eighteen  and  forty -five  years,  except 
such  as  may  be  exempted  by  the  laws  of  the  United  States,  or  of 
this  State ;  and  shall  be  organized,  officered,  armed,  equipped,  and 
trained,  in  such  manner  as  may  be  provided  by  law. 

2.  The  governor  shall  appoint  the  adjutant,  quartermaster,  and 
commissary  generals. 

3.  All  militia  officers  shall  be  commissioned  by  the  governor,  and 
shall  hold  their  offices  not  longer  than  six  years. 

4.  The  General  Assembly  shall  determine  the  method  of  dividing 
the  militia  into  divisions,  brigades,  regiments,  battalions,  and  com- 
panies, and  fix  the  rank  of  all  stafi"  officers. 

5.  The  militia  may  be  divided  into  classes  of  sedentary  and  active 
militia,  in  such  manner  as  shall  be  prescribed  by  law. 

6.  No  person  conscientiously  opposed  to  bearing  arms  shall  be 
compelled  to  do  militia  duty  ;  but  such  person  shall  pay  an  equiva- 
lent for  exemption,  the  amount  to  be  prescribed  by  law. 

ARTICLE  Xlll— Negroes  and  Mulattoes. 

Sec.  1.  No  negro  or  mulatto  shall  come  into,  or  settle  in  the  State, 
after  the  adoption  of  this  constitution. 

2.  All  contracts  made  with  any  negro  or  mulatto  coming  into  the 
State,  contrary  to  the  provision  of  the  foregoing  section,  shall  be 
void ;  and  any  person  who  shall  employ  such  negro  or  mulatto, 
or  otherwise  encourage  him  to  remain  in  the  State,  shall  be  fined  in 
any  sum  not  less  than  ten  dollars,  nor  more  than  five  hundred 
dollars. 

3.  All  fines  which  may  be  collected  for  a  violation  of  the  provisions 
of  this  article,  or  of  any  law  which  may  hereafter  be  passed  for  the 
purpose  of  carrying  the  same  into  execution,  shall  be  set  apart  and 
appropriated  for  the  colonization  of  such  negroes  and  mulattoes,  and 
their  descendants,  as  may  be  in  the  State  at  the  adoption  of  this 
constitution,  and  may  be  willing  to  emigrate. 

4.  The  General  Assembly  shall  pass  laws  to  carry  out  the  pro- 
visions of  this  article. 

ARTICLE  XYV.— Boundaries. 

Sec.  1.  In  order  that  the  boundaries  of  the  State  may  be  known 
and  established,  it  is  hereby  ordained  and  declared,  that  the  State  of 
Indiana  is  bounded  on  the  east  by  the  meridian  line  which  forms  the 
western  boundary  of  the  State  of  Ohio  ;  on  the  south  by  the  Ohio 
river,  from  the  mouth  of  the  Great  Miama  river  to  the  mouth  of  the 
Wabash  river ;  on  the  west  by  a  line  drawn  along  the  middle  of  the 
Wabash  river  from  its  mouth,  to  a  point  where  a  due  north  line 
drawn  from  the  town  of  Vincennes  would  last  touch  the  north-west- 
ern shore  of  said  Wabash  river ;  and  thence  by  a  due  north  line 


421a  CONSTITUTION    OF 


until  the  same  shall  mtersect  an  east  and  west  line  drawn  through  a 
point  ten  miles  north  of  the  southern  extreme  of  Lake  Michigan ; 
on  the  north  by  said  east  and  west  line  until  the  same  shall  intersect 
the  first-mentioned  meridian  line,  which  forms  the  western  boundary 
of  the  State  of  Ohio. 

2.  The  State  of  Indiana  shall  possess  jurisdiction  and  sovereignty 
co-extensive  with  the  boundaries  declared  in  the  preceding  section ; 
and  shall  have  concurrent  jurisdiction  in  civil  and  criminal  cases  with 
the  State  of  Kentucky  on  the  Ohio  river,  and  with  the  State  of 
Illinois  on  the  Wabash  river,  so  far  as  said  rivers  form  the  common 
boundary  between  this  State  and  said  states  respectively. 

ARTICLE  XN .—Miscellaneom. 

Sec.  1.  All  officers  whose  appointment  is  not  otherwise  provided' 
for  in  this  constitution,  shall  be  chosen  in  such  manner  as  now  is,  or 
may  hereafter  be,  prescribed  by  law. 

2.  When  the  duration  of  any  office  is  not  provided  for  by  this 
constitution,  it  may  be  declared  by  law  ;  and  if  not  so  declared,  such 
office  shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment.  But  the  General  Assembly  shall  not  create  any  office, 
the  tenure  of  which  shall  be  longer  than  four  years. 

3.  Whenever  it  is  provided  in  this  constitution,  or  in  any  law 
which  may  be  hereafter  passed,  that  any  officer,  other  than  a  mem- 
ber of  tjie  General  Assembly,  shall  hold  his  office  for  any  given 
term,  the  same  shall  be  construed  to  mean  that  such  officer  shall  hold 
his  office  for  such  term,  and  until  his  successor  shall  have  been 
elected  and  qualified. 

4.  Every  person  elected  or  appointed  to  any  office  under  this  con- 
stitution shall,  before  entering  on  the  duties  thereof,  take  an  oath  or 
affirmation  to  support  the  constitution  of  this  State  and  of  the  United 
States,  and  also  an  oath  of  office. 

5.  There  shall  be  a  seal  of  State  kept  by  the  governor  for  official 
purposes,  which  shall  be  called  the  seal  of  the  State  of  Indiana. 

6.  All  commissions  shall  issue  in  the  name  of  the  State,  shall  be 
signed  by  the  governor,  sealed  with  the  State  seal,  and  attested  by 
the  secretary  of  State. 

7.  No  county  shall  be  reduced  to  an  area  less  than  four  hundred 
square  miles;  nor  shall  any  county  under  that  area  be  further 
reduced. 

8.  No  lottery  shall  be  authorized,  nor  shall  the  sale  of  lottery 
tickets  be  allowed. 

9.  The  following  grounds,  owned  by  the  State  in  Indianapolis, 
namely :  The  State  House  Square,  the  Governor's  Circle,  and  so 
much  of  out-lot  numbered  one  hundred  and  forty-seven  as  lies  north 
of  the  arm  of  the  Central  Canal,  shall  not  be  sold  or  leased. 

10.  It  shall  be  the  duty  of  the  General  Assembly  to  provide  for 
the  permanent  enclosure  and  preservation  of  the  Tippecanoe  Battle 
Ground. 


INDIANA.  M21 


ARTICLE  XVh— Amendments. 

Sec.  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  either  branch  of  the  General  Assembly,  and  if  the 
same  shall  be^  agreed  to  ^ by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals, 
and  referred  to  the  General  Assembly  to  be  chosen  at  the  next  gen- 
eral election ;  and  if  in  the  General  Assembly  so  next  chosen  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majo- 
rity of  all  the  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  General  Assembly  to  submit  such  amendment  or  amend- 
ments to  the  electors  of  the  State ;  and  if  a  majority  of  said  electors 
shall  ratify  the  same,  such  amendment  or  amendments  shall  become 
a  part  of  this  constitution. 

2.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  they  shall  be  submitted  in  such  manner  that  the  electors  shall 
vote  for  or  against  each  of  such  amendments  separately ;  and  while 
an  amendment  or  amendments  which  shall  have  been  agreed  upon 
by  one  General  Assembly  shall  be  awaiting  the  action  of  a  succeed- 
ing General  Assembly,  or  of  the  electors,  no  additional  amendment 
or  amendments  shall  be  proposed. 


SCHEDULE. 


This  constitution,  if  adopted,  shall  take  effect  on  the  first  day  of  November,  in 
the  year  one  thousand  eight  hundred  and  fifty-one,  and  shall  supersede  the  consti- 
tution adopted  in  the  year  one  tliousand  eight  hundred  and  sixteen.  That  no 
inconvenience  may  arise  from  the  change  in  the  government,  it  is  hereby  ordained 
as  foDows : 

1.  All  laws  now  in  force,  and  not  inconsistent  with  this  constitution,  shall  remain 
in  force  until  they  shall  expire  or  be  repealed. 

2.  All  indictments,  prosecutions,  suits,  pleas,  plaints,  and  other  proceedings  pend- 
ing in  any  of  the  courts,  shall  be  prosecuted  to  final  judgment  and  execution ;  and 
all  appeals,  writs  of  error,  certiorara,  and  injunctions,  shall  be  carried  on  in  the 
several  courts  in  the  same  manner  as  is  now  provided  by  law, 

3.  All  fines,  penalties  and  forfeitures  due  or  accruing  to  the  State,  or  to  any 
county  therein,  shall  inure  to  the  State,  or  to  such  county,  in  the  manner  prescribed 
by  law.  All  bonds  executed  to  the  State,  or  to  any  officer  in  his  official  capacity, 
shall  remain  in  force,  and  inure  to  the  use  of  those  concerned. 

4.  All  acts  of  incorporation  for  municipal  purposes  shall  continue  in  force  under 
this  constitution,  until  such  time  as  the  General  Assembly  shall,  in  its  discretion, 
modify  or  repeal  the  same. 

5.  The  governoi-,  at  the  expiration  of  the  present  official  term,  shall  continue  to 
act  until  his  successor  shall  have  been  sworn  into  office. 

6.  There  shall  be  a  session  of  the  General  Assembly,  commencing  on  the  first 
Monday  of  December,  in  the  year  one  thousand  eight  hundred  and  fifty-one. 

7.  Senators  noAV  in  office  and  holding  over  under  the  existing  constitution,  and 


421c  CONSTITUTION    OF    INDIANA. 

such  as  may  be  elected  at  tlie  next  general  election,  and  the  representatives 
then  elected,  shall  continue  in  oflSce  until  the  first  general  election  under  this  con- 
stitution. 

8.  The  first  general  election  under  this  constitution  shall  be  held  in  the  year  one 
thousand  eight  hundred  and  fifty-two. 

9.  The  first  election  for  governor,  lieutenant  governor,  judges  of  the  supreme 
court  and  circuit  courts,  clerk  of  the  supreme  court,  prosecuting  attorney,  secretary, 
auditor,  and  treasurer  of  state,  and  state  superintendent  of  pubhc  instruction,  under 
this  constitution,  shall  be  held  at  the  general  election  in  the  year  one  thousand 
eight  hundred  and  fifty-two ;  and  such  of  said  officers  as  may  be  in  office  when 
this  constitution  shall  go  into  effect,  shall  continue  in  their  respective  offices,  until 
their  successors  shall  have  been  elected  and  qualified. 

10.  Every  person  elected  by  popular  vote,  and  now  in  any  office  which  is  con- 
tinued by  this  constitution,  and  every  person  who  shall  be  so  elected  to  any  such 
office  before  the  taking  effect  of  this  constitution  (except  as  in  this  constitution 
otherwise  provided),  shall  continue  in  office  until  the  term  for  which  such  person 
has  been,  or  may  be  elected,  shall  expire  :  Provided  that  no  such  person  shall  con- 
tinue in  office  after  the  taking  effect  of  this  constitution  for  a  longer  period  than 
the  term  of  such  office  in  this  constitution  prescribed. 

11.  On  the  taking  effiect  of  this  constitution,  all  officers  thereby  continued  in 
office  shall,  before  proceeding  in  the  further  discharge  of  their  duties,  take  an  oath 
or  affirmation  to  support  this  constitution. 

12.  All  vacancies  that  may  occur  in  existing  offices  prior  to  the  first  general 
election  under  this  constitution,  shall  be  filled  in  the  manner  now  prescribed 
by  law. 

13.  At  the  time  of  submitting  this  constitution  to  the  electors  for  their  approval 
or  disapproval,  the  article  numbered  thirteen,  in  relation  to  negroes  and  mulat- 
toes,  shall  be  submitted  as  a  distinct  proposition,  in  the  following  form :  "  Exclu- 
sion and  colonization  of  negroes  and  mulattoes,"  "  Aye"  or  "  No."  And  if  a 
majority  of  the  votes  cast  shall  be  in  favor  of  said  article,  then  the  same  shall 
form  a  part  of  this  constitution,  otherwise  it  shall  be  void,  and  form  no  part 
thereof. 

14.  No  article  or  section  of  this  constitution  shall  be  submitted  as  a  distinct  pro- 
position to  a  vote  of  the  electors,  otherwise  than  is  herein  provided. 

15.  "Whenever  a  portion  of  the  citizens  of  the  counties  of  Perry  and  Spencer 
shall  deem  it  expedient  to  form  of  the  contiguous  territory  of  said  counties  a  new 
county,  it  shall  be  the  duty  of  those  interested  in  the  organization  of  such  new 
county  to  lay  off  the  same  by  proper  metes  and  bounds,  of  equal  portions  as 
nearly  as  practicable,  not  to  exceed  one-third  of  the  territory  of  each  of  said  coun- 
ties. The  proposal  to  create  such  new  county  shall  be  submitted  to  the  voters  of 
said  counties  at  a  general  election,  in  such  manner  as  shall  be  prescribed  by  law. 
And  if  a  majority  of  all  the  votes  given  at  said  election  shall  be  in  favor  of  the 
organization  of  said  new  county,  it  shall  be  the  duty  of  the  General  Assembly 
to  organize  the  same  out  of  the  territory  thus  designated. 

16.  The  General  Assembly  may  alter  or  amend  the  charter  of  Clarksville, 
and  make  sucli  regulations  as  may  be  necessary  for  carrying  into  effect  the 
objects  contemplated  in  granting  the  same  ;  and  the  funds  belonging  to  said  town 
shall  be  applied  according  to  the  intention  of  the  grantor. 

Done  in  Convention  at  Indianapolis,  the  tenth  day  of  February,  hi  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-one,  and  of  the  Independence  of 
the  United  States  the  seventy-fifth. 

GEORGE  WHITFIELD  CARR,  President 


ILLINOIS. 


The  first  settlement  made  in  this  State  was  by  the  French,  at  Kaskaskia,  about 
1720.  By  the  treaty  of  peace  between  England  and  France  in  1763,  it  came 
into  the  possession  of  the  British.  In  1789  it  constituted  a  part  of  the  North- 
West  Territory.  In  1800,  what  is  now  Indiana  and  Illinois,  became  a  sepa- 
rate territory.  In  1809  Illinois  became  a  territory  under  its  present  name,  and 
in  1818  it  was  admitted  into  the  union  as  an  independent  State.  In  1800  Illi- 
nois contained  not  more  than  3,000  inhabitants ;  its  increase  has  been  very 
rapid,  having  more  than  trebled  its  inhabitants  every  ten  years. 

Area,  50,000  sq.  m.     Pop.  in  1850,  858,298. 

CONSTITUTION. 

PREAMBLE. 


We,  the  people  of  the  state  of  Illinois — grateful  to  Almighty  God  for  the  civil, 
political,  and  religious  libertjf,  which  he  hath  so  long  permitted  us  to  enjoy, 
and  looking  to  him  for  a  blessing  upon  our  endeavors  to  secure  and  transmit 
the  same  unimpaired  to  succeeding  generations — in  order  to  form  a  more  per- 
fect government,  estabUsh  justice,  insure  domestic  tranquillity,  provide  for  the 
common  defence,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  estabUsh  this  constitution 
for  the  state  of  Illinois. 


ILLINOIS.  423 


ARTICLE  1.— Boundaries. 

Sec.  1.  The  boundaries  and  jurisdiction  of  the  state  shall  be  as  follows,  to  wit: 
beginning  at  the  mouth  of  the  Wabash  river  ;  thence  up  the  same,  and  with  the 
line  of  Indiana,  to  the  north-west  comer  of  said  state ;  thence  east,  with  the  line 
of  the  same  state,  to  the  middle  of  Lake  Michigan  ;  thence  north,  along  the  middle 
of  said  lake,  to  north  latitude  forty-two  degrees  and  thirty  minutes  ;  thence  west 
to  the  middle  of  the  Mississippi  river,  and  thence  down,  along  the  middle  of 
that  river,  to  its  confluence  with  the  Ohio  river ;  and  thence  up  the  latter  river, 
along  its  north-western  shore,  to  the  place  of  beginning :  Provided,  that  this  state 
shall  exercise  such  jurisdiction  upon  the  Ohio  river  as  she  is  now  entitled  to,  or 
such  acs  may  hereafter  be  agreed  upon  by  tliis  state  and  the  state  of  Kentucky. 

ARTICLE  II. — Concerning  the  Distribution  of  the  Foioers  of  Government. 

Sec.  1.  The  powers  of  the  government  of  the  state  of  Illinois  shall  be  divided 
into  three  distinct  departments,  and  each  of  them  be  confided  to  a  separate  body 
of  magistracy,  to  wit :  those  wliich  are  legislative,  to  one  ;  those  which  are  exec- 
utive, to  another ;  and  those  which  are  judicial,  to  another. 

2.  Wo  person,  or  collection  of  persons,  being  one  of  these  departments,  shall 
exercise  any  power  properly  belonging  to  either  of  the  others,  except  as  herein- 
after expressly  directed  or  permitted,  and  all  acts  in  contravention  of  this  section 
shall  be  void. 

ARTICLE  111.— Of  the  Legislative  Department. 

Sec.  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a  general 
assembly,  which  shall  consist  of  a  senate  and  house  of  representatives,  both  to  be 
elected  by  the  people. 

2.  The  first  election  for  senators  and  representatives  shall  be  held  on  the  Tues- 
day after  the  first  Monday  in  November,  one  thousand  eight  hundred  and  forty- 
eight  ;  and  thereafter,  elections  for  members  of  the  general  assembly  shall  be 
held  once  in  two  years,  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  each  and  every  coimty,  at  such  places  therein  as  may  be  provided  by 
law. 

8.  No  person  shall  be  a  representative  who  shall  not  have  attained  the  age  of 
twenty -five  years ;  who  shall  not  be  a  citizen  of  the  United  States,  and  three 
years  an  inhabitant  of  this  state  ;  who  shaU  not  have  resided  within  the  limits  of 
the  county  or  district  in  which  he  shall  be  chosen  twelve  months  next  preceding 
his  election,  if  such  county  or  district  shall  have  been  so  long  erected,  but,  if  not, 
then  within  the  limits  of  the  county  or  counties,  district  or  districts,  out  of  which 
the  same  shall  have  been  taken,  tmless  he  shall  have  been  absent  on  the  public 
business  of  the  United  States  or  of  this  state ;  and  who,  moreover,  shall  not  have 
paid  a  state  or  county  tax. 

4.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age  of  thirty 
years ;  who  shall  not  be  a  citizen  of  the  United  States,  five  years  an  inhabitant  of 
this  state  and  one  year  in  the  covmty  or  district  in  which  he  shall  be  chosen  imme- 
diately preceding  his  election,  if  such  county  or  district  shall  have  been  so  long 
erected,  but,  if  not,  then  within  the  limits  of  the  county  or  counties,  district  or 
districts,  out  of  wliich  the  same  shall  have  been  taken,  unless  he  shall  have  been 
absent  on  the  public  business  of  the  United  States  or  of  this  state,  and  shaU  not, 
moreover,  have  paid  a  state  or  county  tax. 

5.  llie  senators  at  their  first  session  herein  provided  for  shall  be  divided  by 
lot,  as  near  as  can  be,  into  two  classes.  The  seats  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  second  year,  and  those  of  the  second  class  at  the 
expiration  of  the  fourth  year ;  so  that  one  half  thereof,  as  near  as  possible,  may 
be  biennially  chosen  for  ever  thereafter. 

6.  The  senate  shall  consist  of  twenty-five  members,  and  the  house  of  represen- 
tatives shall  consist  of  seventy-five  members,  until  the  population  of  the  state 


424  CONSTITUTION    OF 


shall  amount  to  one  million  of  souls,  when  five  members  may  be  added  to  the 
house,  and  five  additional  members  for  every  five  himdred  thousand  inhabitants 
thereafter,  until  the  whole  number  of  representatives  shall  amount  to  one  hun- 
dred ;  after  which  the  number  shall  be  neither  increased  nor  diminished ;  to  be 
apportioned  among  the  several  counties  according  to  the  number  of  white  inhab- 
itants. In  all  future  apportionments,  where  more  than  one  county  shall  be 
thrown  into  a  representative  district,  all  the  representatives  to  which  said  coimties 
may  be  entitled  shall  be  elected  by  the  entire  district. 

7.  No  person  elected  to  the  general  assembly  shall  receive  any  civil'  appoint- 
ment within  this  state,  or  to  the  senate  of  the  United  States,  from  the  governor, 
the  governor  and  senate,  or  from  the  general  assembly,  during  the  term  for  which 
he  shall  have  been  elected ;  and  all  such  appointments,  and  all  votes  given  for 
any  such  member  for  any  such  ojSice  or  appointment,  shall  be  void ;  nor  shall  any 
member  of  the  general  assembly  be  interested,  either  directly  or  indirectly,  in  any 
contract  with  the  state,  or  any  county  thereof,  authorised  by  any  law  passed 
during  the  time  for  winch  he  shall  have  been  elected,  or  during  one  year  after 
the  expiration  thereof 

8.  In  the  year  one  thousand  eight  hundred  and  fifty-five,  and  every  tenth  year 
thereafter,  an  enumeration  of  all  the  inhabitants  of  this  state  shall  be  made  in 
such  manner  as  shall  be  directed  by  law ;  and  in  the  year  eighteen  hundi-ed  and 
fifty,  and  every  tenth  year  thereafter,  the  census  taken  by  authority  of  the  gov- 
ernment of  the  United  States  shall  be  adopted  by  the  general  assembly  as  the 
enumeration  of  this  state  ;  and  the  number  of  senators  and  representatives  shall, 
at  the  first  regular  session  holden  after  the  returns  herein  provided  for  are  made, 
be  apportioned  among  the  several  counties  or  districts  to  be  established  by  law, 
according  to  the  number  of  white  inliabitants. 

9.  Senatorial  and  representative  districts  shaU  be  composed  of  contiguous  ter- 
ritory bounded  by  coimty  Unes ;  and  only  one  senator  allowed  to  each  senatorial, 
and  not  more  than  three  representatives  to  any  representative  district :  Provided, 
that  cities  and  towns,  containing  the  requisite  population,  may  be  erected  into 
separate  districts. 

r  10.  Li  forming  senatorial  and  representative  districts,  counties,  containing  a 
population  of  not  more  than  one  fom-th  over  the  existing  ratio,  shaU  form  separate 
districts,  and  the  excess  shall  be  given  to  the  nearest  county  or  counties  not 
having  a  senator  or  representative,  as  the  case  may  be,  which  lias  the  largest 
white  population, 

11.  The  first  session  of  the  general  assembly  shall  commence  on  the  first 
Monday  of  January,  one  thousand  eight  hundi-ed  and  forty -nine ;  and  for  ever 
after  the  general  assembly  shall  meet  on  the  first  Monday  of  January  next  en- 

•  suing  the  election  of  the  members  thereof,  and  at  no  other  period,  unless  as  pro- 
vided by  this  constitution. 

12.  The  senate  and  house  of  representatives,  when  assembled,  shall  each 
choose  a  speaker  and  other  officers  (the  speaker  of  the  senate  excepted)-  Each 
house  shall  judge  of  the  qualifications  and  election  of  its  members,  and  sit  upon 
its  own  adjournments.  Two-thirds  of  each  house  shall  constitute  a  quorum ;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members. 

13.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  them.  The 
yeas  and  nays  of  the  members  on  any  question  shall,  at  the  desire  of  any  two  of 
them,  be  entered  on  the  journals. 

14.  Any  two  members  of  either  house  shall  have  liberty  to  dissent  and 
protest  against  any  act  or  resolution,  which  they  maj^  think  injurious  to  the 
public,  or  to  any  individual,  and  have  the  reasons  of  then-  dissent  entered  on  the 
journals. 

15.  Each  house  may  determine  the  rules  of  its  proceedings,  pimish  its  members 
for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds  of  all  the  mem- 
bers elected,  expel  a  member,  but  not  a  second  time  for  the  same  cause ;  and  the 


ILLINOIS.  425 


reason  for  such  expulsion  shall  be  entered  upon  the  journal,  with  the  names  of 
the  members  voting  on  the  question. 

16.  When  vacancies  happen  in  either  house,  the  governor,  or  the  person  exer- 
cising the  poAvers  of  governor,  shall  issue  writs  of  election  to  fill  such  vacancies. 

17.  Senators  and  representatives  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of  the  general 
assembly,  and  in  going  to  and  returning  from  the  same ;  and  for  any  speech  or 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

18.  Each  house  may  pxmish,  by  imprisonment  during  its  session,  any  person, 
not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by  any  disorderly 
or  contemptuous  behavior  in  their  presence :  Provided,  such  imprisonment  shall 
not,  at  any  one  time,  exceed  twenty- four  hours. 

19.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall  be  kept 
open,  except  in  such  cases  as  in  the  opinion  of  the  house  require  secrecy.  l!s"either 
house  shail,  without  the  consent  of  the  other,  adjom-n  for  more  than  two  days, 
nor  to  any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

20.  The  style  of  the  laws  of  this  state  shall  be :  "  Be  it  enacted  by  the  people 
of  the  state  of  Illinois,  represented  iri  the  general  assembly." 

21.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended,  or  re- 
jected, by  the  other ;  and  on  the  final  passage  of  all  bills,  the  vote  shall  be  by 
ayes  and  noes,  and  shall  be  entered  on  the  journal ;  and  no  bill  shall  become  a 
law  without  the  concurrence  of  a  majority  of  all  the  members  elect  in  each 
house. 

22.  Bills  making  appropriations  for  the  pay  of  the  members  and  officers  of  the 
general  assembly,  and  for  the  salaries  of  the  officers  of  the  government,  shall 
not  contain  any  provision  on  any  other  subject. 

23.  Every  bill  shall  be  read  on  three  different  days  in  each  house,  unless,  in 
case  of  urgency,  three-fourths  of  the  house,  where  such  bill  is  so  depending,  shall 
deem  it  expedient  to  dispense  with  this  rule ;  and  every  bill,  having  passed  both 
houses,  shall  be  signed  by  the  speakers  of  their  respective  houses ;  and  no  pri- 
vate or  local  law  which  may  be  passed  by  the  general  assembly,  shall  embrace 
more  than  one  subject,  and  that  shall  be  expressed  in  the  title.  And  no  public 
act  of  the  general  assembly  shall  take  effect  or  be  in  force,  until  the  expiration 
of  sixty  days  from  the  end  of  the  session  at  which  the  same  may  be  passed,  vm- 
less,  in  case  of  emergency,  the  general  assembly  shall  otherwise  direct. 

24.  The  sum  of  two  dollars  per  day,  for  the  first  forty-two  days'  attendance, 
and  one  dollar  per  day  for  each  day's  attendance  thereafter,  and  ten  cents  for 
each  necessary  mile's  travel,  going  to  and  returning  from  the  seat  of  government, 
shall  be  allowed  to  the  members  of  the  general  assembly,  as  a  compensation  for 
their  services,  and  no  more.  The  speaker  of  the  house  of  representatives  shaU 
be  allowed  the  smn  of  one  dollar  per  day,  in  addition  to  his  per-diem  as  a 
member. 

25.  The  per-diem  and  mileage  allowed  to  each  member  of  the  general  assem- 
bly, shall  be  certified  by  the  speakers  of  their  respective  houses,  and  entered  on 
the  journals,  and  published  at  the  close  of  each  session. 

26.  JSTo  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of  appro- 
priations made  by  law ;  and  an  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  attached  to,  and  published  with,  the  laws  at 
the  rising  of  each  session  of  the  general  assembly.  And  no  person,  who  has 
been  or  may  be  a  collector  or  holder  of  public  moneys,  shall  be  eligible  to  a 
seat  in  either  house  of  the  general  assembly,  nor  be  eligible  to  any  office  of  profit 
or  trust  in  this  state,  until  such  person  shall  have  accounted  for,  and  paid  into 
the  treasury,  all  sums  for  which  he  may  be  accountable. 

27.  The  house  of  representatives  shall  have  the  sole  power  of  impeaching ;  but 
a  majority  of  all  the  members  elected,  must  concur  in  an  impeachment.  All  im- 
peachments shall  be  tried  by  the  senate ;  and  when  sitting  for  that  purpose,  the 
senators  sliall  be  upon  oatli,  or  affirmation,  to  do  justice  according  to  law  and 


426 


CONSTITUTION    OF 


evidence.    No  person  shall  be  convicted  without  the  concurrence  of  two  thirds 
of  the  senators  elected. 

28.  The  governor,  and  other  civil  officers  under  this  state,  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office ;  but  judgment  in  such  cases  shall 
not  extend  further  than  to  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  profit,  or  trust,  imder  this  state.  The  party,  whether  convicted 
or  acquitted,  shall,  nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment, according  to  law. 

29.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state,  attorney -gen- 
eral, attorney  for  the  state,  recorder,  clerk  of  any  court  of  record,  sheriff  or  col- 
lector, member  of  either  house  of  Congress,  or  person  holding  any  lucrative  of- 
fice under  the  United  States  or  of  this  state — provided  that  appointments  in  the 
militia,  or  justices  of  the  peace,  shall  not  be  considered  lucrative  offices — shall 
have  a  seat  in  the  general  assembly ;  nor  shall  any  person,  holding  any  office  of 
honor  or  profit  under  the  government  of  the  United  States,  hold  any  office  of 
honor  or  profit  under  the  authority  of  this  state. 

30.  Every  person  who  shall  be  chosen  or  appointed  to  any  office  of  trust  or 
profit  shall,  before  entering  upon  the  duties  thereof,  take  an  oath  to  support  the 
constitution  of  the  United  States,  and  of  this  state,  and  also  an  oath  of 
office. 

31.  The  general  assembly  shall  have  full  power  to  exclude  from  the  privilege 
of  electing,  or  being  elected,  any  person  convicted  of  bribery,  perjury,  or  other 
infamous  crime. 

32.  The  general  assembly  shall  have  no  power  to  grant  divorces,  but  may  au- 
thorize the  courts  of  justice  to  grant  them  for  such  causes  as  may  be  specified 
by  law :  Provided,  that  such  laws  be  general  and  imiform  in  their  operation. 

33.  The  general  assembly  shall  never  grant  or  authorize  extra  compensation  to 
any  public  officer,  agent,  servant,  or  contractor,  after  the  service  shall  have  been 
rendered,  or  the  contract  entered  into. 

34.  The  general  assembly  shall  direct  by  law  in  what  manner  suits  may  be 
brought  against  the  state. 

35.  The  general  assembly  shall  have  no  power  to  authorize  lotteries  for  any 
purpose,  nor  to  revive  or  extend  the  charter  of  the  State  bank,  or  the  charter  of 
any  other  bank  heretofore  existing  in  this  state,  and  shall  pass  laws  to  prohibit 
the  sale  of  lottery-tickets  in  this  state. 

36.  The  general  assembly  shall  have  no  power  to  authorize,  by  private  or  spe- 
cial law,  the  sale  of  any  lands  or  other  real  estate  belonging  in  whole  or  in  part 
to  any  individual  or  individuals. 

37.  Each  general  assembly  shall  provide  for  aU  the  appropriations  necessary 
for  the  ordinary  and  contingent  expenses  of  the  government  until  the  adjoiim- 
ment  of  the  next  regular  session,  the  aggregate  amount  of  which  shall  not  be 
increased  without  a  vote  of  two-thirds  of  each  house,  nor  exceed  the  amoimt  of 
revenue  authorized  by  law  to  be  raised  in  such  time :  Provided,  the  state  may, 
to  meet  casual  deficits  or  failiu-es  in  revenues,  contract  debts  never  to  exceed  m 
the  aggregate,  fifty-thousand  dollars ;  and  the  moneys  thus  borrowed  shall  be 
applied  to  the  purpose  for  which  they  were  obtained,  or  to  repay  the  debt  thus 
made,  and  to  no  other  purpose ;  and  no  other  debt,  except  for  the  purpose  of 
repelling  invasion,  suppressing  insurrection,  or  defending  the  state  in  war,  (for 
payment  of  which  the  faith  of  the  state  shall  be  pledged,)  shall  be  contracted, 
imless  the  law  authorizing  the  same  shall,  at  a  general  election,  have  been  sub- 
mitted to  the  people,  and  have  received  a  majority  of , all  the  votes  cast  for 
members  of  the  general  assembly  at  such  election.  The  general  assembly  shall 
provide  for  the  publication  of  said  law  for  three  months,  at  least,  before  the  vote 
of  the  people  shall  be  taken  upon  the  same ;  and  provision  shall  be  made,  at 
the  time,  for  the  payment  of  the  interest  annually,  as  it  shall  accrue,  by  a  tax 
levied  for  the  purpose,  or  from  other  sources  of  revenue ;  which  law,  providing 
for  the  payment  of  such  interest  by  such  tax,  shall  be  irrepealable  untH  such 


iLLixois.  427 


debt  be  paid :  And  provided,  further,  that  the  law  levying  the  tax  shall  be  sub- 
mitted to  the  people  with  the  law  authorizing  the  debt  to  be  contracted. 

38.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given  to,  or  in  aid  of, 
any  individual,  association,  or  corporation. 

39.  The  general  assembly  shall  provide,  by  law,  that  the  fuel  and  stationery 
furnished  for  the  use  of  the  state,  the  copying,  printing,  binding,  and  distribu- 
ting the  laws  and  journals,  and  all  other  printing  ordered  by  the  general  assem- 
bly, shall  be  let,  by  contract,  to  the  lowest  responsible  bidder ;  and  that  no  mem- 
ber of  the  general  assembly,  or  other  officer  of  the  state,  shall  be  interested, 
either  directly  or  indirectly,  in  any  such  contract :  Provided,  that  the  general 
assembly  may  fix  a  maximum  price. 

40.  Until  there  shall  be  a  new  apportionment  of  senators  and  representatives, 
the  state  shall  be  divided  into  senatorial  and  representative  districts  ;  and  the 
senators  and  representatives  shall  be  apportioned  among  the  several  districts  as 
follows,  viz.: — 

Senatorial  Districts. 

1.  The  counties  of  Alexander,  Union,  Pulaski,  Johnson,  Massac,  Pope,  and 
Hardin,  shall  constitute  the  first  senatorial  district,  and  shall  be  entitlecf  to  one 
senator. 

2.  The  counties  of  Gallatin,  Sahne,  Williamson,  Franklin,  and  White,  shall 
constitute  the  second  senatorial  district,  and  be  entitled  to  one  senator. 

3.  The  counties  of  Jefferson,  Wayne,  Marion,  and  Hamilton,  shall  constitute 
the  third  senatorial  district,  and  be  entitled  to  one  senator. 

4.  The  counties  of  Washington,  Perry,  Randolph,  and  Jackson,  shall  constitute 
the  fourth  senatorial  district,  and  be  entitled  to  one  senator. 

5.  The  counties  of  St.  Clair  and  Monroe,  shall  constitute  the  fifth  senatorial 
district,  and  be  entitled  to  one  senator. 

6.  The  counties  of  Madison  and  Clinton,  shall  constitute  the  sixth  senatorial 
district,  and  be  entitled  to  one  senator. 

1.  The  counties  of  Christian,  Shelby,  Montgomery,  Bond,  and  Fayette,  shall 
constitute  the  seventh  senatorial  district,  and  be  entitled  to  one  senator. 

8.  The  c(>unties  of  Effingham,  Jasper,  Clay,  Richland,  Lawrence,  Edwards,  and 
Wabash,  shall  constitute  the  eighth  senatorial  district,  and  be  entitled  to  one 


9.  The  counties  of  Edgar,  Clark,  and  Crawford,  shall  constitute  the  ninth  sena- 
torial district,  and  be  entitled  to  one  senator. 

10.  The  counties  of  Vermilion,  Champaign,  Piatt,  Moultrie,  Coles,  and  Cimi- 
berland,  shall  constitute  the  tenth  senatorial  district,  and  be  entitled  to  one 
senator. 

11.  The  counties  of  Tazewell,  M'Lean,  Logan,  De  Witt,  and  Macon,  shall 
constitute  the  eleventh  senatorial  district,  and  be  entitled  to  one  senator. 

12.  The  counties  of  Sangamon,  Menard,  and  Mason,  shall  constitute  the  twelfth 
senatorial  district,  and  be  entitled  to  one  senator. 

13.  The  counties  of  Macoupin,  Jersey,  Greene,  and  Calhoun,  shall  constitute 
the  thirteenth  senatorial  district,  and  be  entitled  to  one  senator. 

14.  The  counties  of  Morgan,  Scott,  and  Cass,  shall  constitute  the  fourteenth 
senatorial  district,  and  be  entitled  to  one  senator. 

15.  The  counties  of  Adams  and  Pike  shall  constitute  the  fifteenth  senatorial 
district,  and  be  entitled  to  one  senator. 

,  16.  The  counties  of  M'Donough,  Schuyler,  Brown,  and  Highland,  shall  consti- 
tute the  sixteenth  senatorial  district,  and  be  entitled  to  one  senator. 

17.  The  counties  of  Hancock  and  Henderson,  shall  constitute  the  sevente^th 
senatorial  district,  and  be  entitled  to  one  senator, 

18.  The  counties  of  Fulton  and  Peoria  shall  constitute  the  eighteenth  senatorial 
district,  and  be  entitled  to  one  senator. 

19.  The  counties  of  Rock  Island,  Henry,  Mercer.  Warren,  Knox,  and  Stark, 

32 


428  CONSTITUTION    OF 


shall  constitute   the  nineteenth  senatorial    district,   and  be   entitled  to  one 
senator. 

20.  The  counties  of  La  Salle,  Bureau,  Putnam,  Marshall,  Woodford,  Livingston, 
and  Grundy,  shall  constitute  the  twentieth  senatorial  district,  and  be  entitled  to 
one  senator. 

21.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois,  shall  cojistitute  the 
twenty-first  senatorial  district,  and  be  entitled  to  one  senator. 

22.  The  coimties  of  Ogle,  Lee,  De  Kalb,  and  Kane,  shall  constitute  the  twen- 
ty-second senatorial  district,  and  be  entitled  to  one  senator. 

23.  The  counties  of  Jo  Daviess,  Stephenson,  Carroll,  and  Whiteside,  shall 
constitute  the  twenty-third  senatorial  district,  and  be  entitled  to  one  senator. 

24.  The  counties  of  M'Henry,  Boone,  and  Winnebago,  shall  constitute  the 
twenty-fourth  senatorial  district,  and  be  entitled  to  one  senator. 

25.  The  counties  of  Cook  and  Lake,  shall  constitute  the  twenty-fifth  senatorial 
district,  and  be  entitled  to  one  senator. 

Representative  Districts. 

1.  The  counties  of  Union,  Alexander,  and  Pulaski,  shall  constitute  the  first 
representative  district,  and  be  entitled  to  one  representative. 

2.  The  counties  of  Massac,  Pope,  and  Hardin,  sliall  constitute  the  second  re- 
presentative district,  and  be  entitled  to  one  representative. 

3.  The  counties  of  Gallatin  and  Saline,  shall  constitute  thfe  third  representative 
district,  and  be  entitled  to  one  representative, 

4.  The  counties  of  Johnson  and  Williamson,  shall  constitute  the  fourth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

5.  The  counties  of  Jackson  and  Franklin,  shall  constitute  the  fifth  representa- 
tive district,  and  be  entitled  to  one  representative. 

6.  The  counties  of  Marion,  Jefferson,  Wayne,  and  Hamilton,  shall  constitute 
the  sixth  representative  district,  and  be  entitled  to  three  representatives :  Pro- 
vided, that  no  county  in  said  district  shall  have  more  than  one  of  said  representa- 
tives, and  the  county  from  which  a  senator  shall  be  selected,  shall  not  be  entitled 
to  a  representative  residing  in  said  coimty. 

T.  "riie  county  of  White,  shall  constitute  the  seventh  representative  district, 
and  be  entitled  to  one  representative. 

8.  The  counties  of  Wabash  and  Edwards,  shall  constitute  the  eighth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

9.  The  counties  of  Lawrence  and  Richland,  shall  constitute  the  ninth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

10.  The  counties  of  Crawford  and  Jasper  shall  constitute  the  tenth  representa- 
tive district,  and  be  entitled  to  one  representative. 

11.  The  county  of  Coles,  shall  constitute  the  eleventh  representative  district, 
and  be  entitled  to  one  representative, 

12.  The  county  of  Clark,  shall  constitute  the  twelfth  representative  district, 
and  be  entitled  to  one  representative. 

13.  The  counties  of  Cumberland,  Efiingham,  and  Clay,  shall  constitute  the 
thirteenth  representative  district,  and  be  entitled  to  one  representative, 

14.  Tlie  county  of  Fayette,  shall  constitute  the  fourteenth  representative  dis- 
trict, and  be  entitled  to  one  representative, 

15.  The  counties  of  Montgomery,  Bond,  and  Clinton,  shall  constitute  the  fif- 
teenth representative  district,  and  be  entitled  to  two  representatives. 

16.  The  counties  of  Waslungton  and  Perry,  shall  constitute  the  sixteenth  re- 
presentative district,  and  be  entitled  to  one  representative. 

^7.  The  county  of  Randolph  shall  coHstitute  the  seventeenth  repre^ntative 
district,  and  be  entitled  to  one  representative. 

18.  The  county  of  Monroe,  shall  constitute  the  eighteenth  representative  dis- 
trict, and  be  entitled  to  one  representative. 


ILLINOIS.  429 


19.  The  county  of  St.  Clair  shall  constitute  the  nineteenth  representatiye  dis- 
trict, and  be  entitled  to  two  representatives. 

20.  The  county  of  Madison,  shall  constitute  the  twentieth  representative  dis- 
trict, and  be  entitled  to  two  representatives. 

21.  The  county  of  Macoupin,  shall  constitute  the  twenty-first  representative 
district,  and  be  entitled  to  one  representative. 

22.  The  counties  of  Jersey  and  Green,  shall  constitute  the  twenty-second  re- 
presentative district,  and  be  entitled  to  two  representatives. 

23.  The  county  of  Scott,  shall  constitute  the  twenty-third  representative  dis- 
trict, and  be  entitled  to  one  representative. 

24.  The  county  of  Morgan,  shall  constitute  the  twenty-fourth  representative 
district,  and  be  entitled  to  two  representatives. 

25.  The  counties  of  Oass  and  Menard,  shall  constitute  the  twenty-fifth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

26.  The  county  of  Sangamon,  shall  constitute  the  twenty-sixth  representative 
district,  and  be  entitled  to  two  representatives. 

27.  Tlie  counties  of  Mason  and  Logan,  shall  constitute  the  twenty-seventh 
representative  district,  and  be  entitled  to  one  representative. 

28.  The  county  of  Tazewell,  shall  constitute  the  twenty-eighth  representative 
district,  and  be  entitled  to  one  representative. 

29.  The  counties  of  M'Lean  and  De  Witt,  shall  constitute  the  twenty-ninth 
representative  district,  and  be  entitled  to  one  representative. 

30.  The  county  of  Vermilion,  shall  constitute  the  tliirtieth  representative  dis- 
trict, and  be  entitled  to  one  representative. 

31.  The  county  of  Edgar,  shall  constitute  the  thirty-first  representative  dis- 
trict, and  be  entitled  to  one  representative. 

32.  The  counties  of  Champaign,  Piatt,  Moultrie,  and  Macon,  shall  con- 
stitute the  tliirty-second  representative  district,  and  be  entitled  to  one  represen- 
tativa 

33.  The  counties  of  Shelby  and  Christian,  shall  constitute  the  thirty-third  re- 
presentative district,  and  be  entitled  to  one  representative. 

34.  The  counties  of  Pike  and  CaUioun,  shall  constitute  the  thirty-fourth  re- 
presentative district,  and  be  entitled  to  two  representatives. 

35.  The  counties  of  Adams,  Highland,  and  Brown,  shall  constitute  the  thirty- 
fifth  representative  district,  and  be  entitled  to  three  representatives. 

36.  The  county  of  Schuyler,  sliall  constitute  the  thirty-sixth  representative 
district,  and  be  entitled  to  one  representative. 

37.  The  county  of  Hancock,  shall  constitute  the  thirty-seventh  representative 
district,  and  be  entitled  to  two  representatives. 

38.  The  county  of  M'Donough,  shall  constitute  the  thirty-eighth  representative 
district,  and  be  entitled  to  one  representative. 

39.  The  county  of  Fulton,  shall  constitute  the  thirty-ninth  representative  dis- 
trict, and  be  entitled  to  two  representatives. 

40.  The  coimty  of  Peoria,  shall  constitute  the  fortieth  representative  district, 
and  be  entitled  to  one  representative. 

41.  The  county  of  Knox,  shall  constitute  the  forty-first  representative  district, 
and  be  entitled  to  one  representative. 

42.  The  counties  of  Mercer,  Warren,  and  Henderson,  shall  constitute  the  forty 
second  representative  district,  and  be  entitled  to  two  representatives. 

43.  The  counties  of  Kock  Island,  Hemy,  and  Stark,  shall  constitute  the  for- 
ty-third representative  district,  and  be  entitled  to  one  representative. 

44.  The  counties  of  Whiteside  and  Lee,  shall  constitute  the  forty -fourth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

45.  The  counties  of  Carroll  and  Ogle,  shall  constitute  the  forty-fifth  representa- 
tive district,  and  be  entitled  to  one  representative. 

46.  The  counties  of  Jo  Daviess  and  Stephenson,  shall  constitute  the  forty- 
sixth  representative  district,  and  be  entitled  to  two  representatives. 


430  CONSTITUTION    OF 


47.  The  county  of  "Winnebago,  shall  constitute  the  forty-seventh  representa- 
tive district,  and  be  entitled  to  one  representative. 

48.  The  counties  of  Putnam,  Marshall,  and  Woodford,  shall  constitute  the  for- 
ty-eighth representative  district,  and  be  entitled  to  one  representative. 

49.  The  counties  of  La  Salle,  Grundy,  Livingston,  and  Bureau,  shall  constitute 
the  forty-ninth  representative  district,  and  be  entitled  to  two  representatives. 

50.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois,  shall  constitute  the 
fiftieth  representative  district,  and  be  entitled  to  three  representatives. 

51.  The  counties  of  Kane  and  De  Kalb,  shall  constitute  the  fifty-first  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

52.  The  counties  of  Boone  and  M'Henry,  shall  constitute  the  fifty-second  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

53.  The  county  of  Lake,  shall  constitute  the  fifty-third  representative  district, 
and  be  entitled  to  one  representative. 

54.  The  county  of  Cook,  shall  constitute  the  fifty-fourth  representative  district, 
and  be  entitled  to  two  representatives. 

Sec.  41.  Until  the  general  assembly  shall  otherwise  provide,  the  clerks  of  the 
county  commissioners'  courts  in  each  of  the  aforesaid  senatorial  districts,  and  in 
such  of  the  representative  districts  as  may  be  composed  of  more  than  one  coun- 
ty, shall  meet  at  the  county-seat  of  the  oldest  coimty  in  said  district,  witliin 
thirty  days  next  after  any  election  for  senator  or  representative  therein,  for  the 
purpose  of  comparing  and  canvassing  the  votes  given  at  such  election ;  and  the 
said  clerks  shall  in  all  other  respects  conform  to  the  laws  on  the  subject  in  force 
at  the  time  of  the  adoption  of  this  constitution. 

ARTICLE  IV.— 0/  the  Exemtive  Department. 

Sec.  1.  The  executive  power  of  the  state  shall  be  vested  in  a  governor. 

2.  The  first  election  of  governor  shall  be  held  on  Tuesday  next  after  the  first 
Monday  in  November,  a.  d.  1848 ;  and  the  next  election  shall  be  held  on  Tues- 
day next  after  the  first  Monday  of  November,  a.  d.  1852;  and  thereafter  an 
election  for  governor  shall  be  held  once  in  four  years,  on  Tuesday  next  after  the 
first  Monday  of  November.  The  governor  shall  be  chosen  by  the  electors  of 
the  members  of  the  general  assembly,  at  the  same  places  and  in  the  same  manner 
that  they  shall,  respectively,  vote  for  members  thereof.  The  retm-ns  for  every 
election  of  governor  shall  be  sealed  up,  and  transmitted  to  the  seat  of  govern- 
ment, by  the  retm-ning  officers,  directed  to  the  speaker  of  the  house  of  repre- 
sentatives, who  shall  open  and  pubhsh  them  in  the  presence  of  a  majority  of  the 
members  of  each  house  of  the  general  assembly.  The  person  having  the  highest 
number  of  votes  shall  be  governor ;  but  if  two  or  more  be  equal  and  highest  in 
votes,  then  one  of  them  shall  be  chosen  governor  by  joint  ballot  of  both  houses 
of  the  general  assembly.  Contested  elections  shall  be  determined  by  both  houses 
of  the  general  assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

3.  The  first  governor  shall  enter  upon  the  duties  of  his  office  on  the  second 
Monday  of  January,  a.  d.  1849,  and  shall  hold  his  office  until  the  second  Mon- 
day of  January,  a.  d.  1853,  and  until  his  successor  shall  have  been  elected  and 
qualified ;  and  thereafter  the  governor  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  shall  have  been  elected  and  qualified ;  but  he  shall 
not  be  eligible  to  such  office  more  than  four  years  in  any  term  of  eight  years,  noi- 
to  any  other  office  until  after  the  expu-ation  of  the  term  for  which  lie  was  elected. 

4.  No  person,  except  a  citizen  of  the  United  States,  shall  be  eligible  to  the 
office  of  governor ;  nor  shall  any  person  be  ehgible  to  that  office,  who  shall  not 
have  attained  the  age  of  tliirty-five  years,  and  been  ten  years  a  resident  of 
this  state,  and  fourteen  years  a  citizen  of  the  United  States. 

5.  The  governor  shall  reside  at  the  seat  of  government,  and  receive  a  salary 
of  fifteen  hundred  dollars  per  annum,  which  shall  not  be  increased  or  diminish- 
ed ;  and  he  shall  not,  during  the  time  for  which  he  shall  have  been  elected,  re- 
ceive any  emolument  from  the  United  States,  or  either  of  them. 


ILLINOIS.  431 


6.  Before  he  enters  upon  the  duties  of  his  office,  he  shall  take  the  following 
oath  or  affirmation,  to  wit :  "  I  do  solemnly  swear  [or  affirm]  that  I  will  faith- 
fully execute  the  duties  appertaining  to  the  office  of  governor  of  the  state  of  Illi- 
nois ;  and  will,  to  the  best  of  my  ability,  preserve,  protect,  and  defend  the  con- 
stitution of  this  state ;  and  will,  also,  support  the  constitution  of  the  United 
States." 

7.  He  shall,  from  time  to  time,  give  the  general  assembly  information  of  the 
state  of  the  government,  and  recommend  to  their  consideration,  such  measures 
as  he  shall  deem  expedient 

8.  The  governor  shall  have  power  to  grant  reprieves,  commutations,  and  par- 
dons, after  conviction,  for  all  offences,  except  treason  and  cases  of  impeachment, 
upon  such  conditions  and  with  such  restrictions  and  limitations  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law,  relative  to  the 
manner  of  applying  for  pardons.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence,  until  the  case  shall  be  reported 
to  the  general  assembly  at  its  next  meeting,  when  the  general  assembly  shall 
pardon  the  convict,  commute  the  sentence,  direct  the  execution  thereof,  or  grant 
a  further  reprieve.  He  shall,  biennially,  commimicate  to  the  general  assembly 
each  case  of  reprieve,  commutation,  or  pai'don  granted,  stating  the  name  of  the 
convict,  the  crime  for  which  he  was  convicted,  the  sentence  and  its  date,  and  the 
date  of  commutation,  pardon,  or  reprieve. 

9.  He  may  require  information  in  writing  from  the  officers  in  the  executive 
department,  upon  any  subject  relating  to  the  duties  of  their  respective  offices. 
and  shall  take  care  that  the  laws  be  faithfully  executed. 

10.  He  may,  on  extraordinary  occasions,  convene  the  general  assembly  by 
proclamation,  and  shall  state,  in  said  proclamation,  the  purpose  for  which  they 
are  to  convene ;  and  the  general  assembly  shall  enter  on  no  legislative  business, 
except  that  for  which  they  were  specially  called  together. 

11.  He  shall  be  commander-in-chief  of  the  army  and  navy  of  this  state,  and 
of  the  mihtia,  except  when  they  shall  be  called  into  the  service  of  the  United 
States. 

12.  The  governor  shall  nominate,  and,  by  and  with  the  advice  and  consent  of 
the  senate,  (a  majority  of  all  the  senators  concurring,)  appoint  all  officers  whose 
offices  are  estabhshed  by  this  constitution,  or  which  may  be  created  by  law,  and 
whose  appointments  are  not  otherwise  provided  for ;  and  no  such  officer  shall 
be  appointed  or  elected  by  the  general  assembly. 

13.  In  case  of  disagreement  between  the  two  houses  with  respect  to  the  time 
of  adjournment,  the  governor  shall  have  power  to  adjourn  the  general  assembly 
to  such  time  as  he  thinks  proper,  provided  it  be  not  to  a  period  beyond  the  next 
constitutional  meeting  of  the  same. 

14.  A  lieutenant-governor  shall  be  chosen  at  every  election  of  governor,  in 
the  same  manner,  continue  in  office  for  the  same  time,  and  possess  the  same 
qualifications.  In  voting  for  governor  and  Heutenant  governor,  the  electors  sliall 
distinguish  whom  they  vote  for  as  governor,  and  whom  as  lieutenant-governor. 

15.  The  lieutenant-governor  shall,  by  virtue  of  his  office,  be  speaker  of  the 
senate,  have  a  right,  when  in  committee  of  the  whole,  to  debate  and  vote  on  all 
subjects,  and,  whenever  the  senate  are  equally  divided,  to  give  the  casting  vote. 

16.  Whenever  the  govermnent  shall  be  administered  by  the  lieutenant-gov- 
ernor, or  he  shall  be  unable  to  attend  as  speaker  of  the  senate,  the  senators  shall 
elect  one  of  their  own  number  as  speaker  for  that  occasion ;  and  if,  during  the 
vacancy  of  the  office  of  governor,  the  lieutenant-governor  shall  be  impeached, 
removed  from  office,  refuse  to  qualify,  or  resign,  or  die,  or  be  absent  from  the 
state,  the  speaker  of  the  senate  shall,  in  like  manner,  administer  tlie  government. 

17.  The  heutenant-governor,  while  he  acts  as  speaker  of  the  senate,  shall  re- 
ceive for  his  services  the  same  compensation  which  shall,  for  the  same  period, 
be  allowed  to  the  speaker  of  the  house  of  representatives,  and  no  more. 

18.  If  the  lieutenant-governor  shall  be  called  upon  to  administer  the  govern- 


432  CONSTITUTION    OF 


ment,  and  shall,  while  in  such  administration,  resign,  die,  or  be  absent  from  the 
state,  during  the  recess  of  the  general  assembly,  it  shall  be  the  duty  of  the  sec- 
retary of  state,  for  the  time  being,  to  convene  the  senate  for  the  piirpose  of  choos- 
ing a  speaker. 

19.  In  case  of  the  impeachment  of  the  governor,  his  absence  from  the  state, 
or  inability  to  discharge  the  duties  of  his  office,  the  powers,  duties,  and  emolu- 
ments of  the  office  shall  devolve  upon  the  lieutenant-governor ;  and  in  case  of 
his  death,  resignation,  or  removal,  then  upon  the  speaker  of  the  senate  for  the 
time  being,  until  the  governor,  absent  or  impeached,  shall  return  or  be  acquitted; 
or  until  the  disqualification  or  inability  shall  cease ;  or  until  a  new  governor  shall 
be  elected  and  quahfied. 

20.  In  case  of  a  vacancy  in  the  office  of  governor,  for  any  other  cause  than 
those  herein  enumerated,  or  in  case  of  the  death  of  the  governor  elect  before  he 
is  qualified,  the  powers,  duties,  and  emoluments  of  the  office  shall  devolve  upon 
the  lieutenant-governor,  or  speaker  of  the  senate,  as  above  provided,  until  a  new 
governor  be  elected  and  qualified. 

21.  Every  bill  which  shall  have  passed  the  senate  and  house  of  representa- 
tives, shall,  before  it  becomes  a  law,  be  presented  to  the  governor ;  if  he  ap- 
prove, he  shall  sign  it ;  but  if  not,  he  shall  return  it,  Avith  his  objections,  to  the 
house  in  which  it  shall  have  originated ;  and  the  said  house  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  a  majority  of  the  members  elected  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  liouse,  by  which  it  shaU 
likewise  be  reconsidered ;  and  if  approved  by  a  majority  of  tlie  members  elect- 
ed, it  shall  become  a  law,  notwithstanding  the  objections  of  the  governor ;  but 
in  all  sucli  cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
to  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  tlie  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  general  assembly  shall,  by  their  adjournment,  prevent  its 
return,  in  wliich  case  the  said  bill  shall  be  returned  on  the  first  day  of  the  meet- 
ing of  the  general  assembly,  after  tlie  exphation  of  said  ten  days,  or  be  a 
law. 

22.  There  shall  be  elected  by  the  qualified  electors  of  this  state,  at  the  same 
time  of  the  election  for  governor,  a  secretary  of  state,  whose  term'^of  office  shall 
be  the  same  as  that  of  the  governor,  who  shall  keep  a  fair  register  of  the  official 
acts  of  the  governor,  and,  when  required,  shall  lay  the  same,  and  all  papers, 
minutes,  and  vouchers,  relative  thereto,  before  either  branch  of  the  general 
assembly,  and  shall  perform  such  other  duties  as  shall  be  assigned  him  by  law, 
and  shall  receive  a  salary  of  eight  himdred  dollars  per  annum,  and  no  more, 
except  fees  :  Provided,  that  if  the  office  of  secretary  of  state  should  be  vacated 
by  deatli,  resignation,  or  otherwise,  it  shall  be  the  duty  of  the  governor  to 
appoint  another,  who  shall  hold  his  office  until  another  secretary  shall  be  elected 
and  qualified. 

23.  There  sliaU  be  chosen,  by  the  qualified  electors  throughout  the  state,  an 
auditor  of  public  accounts,  who  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  is  qualified,  and  whose  duties  shall  be  regulated  by  law, 
and  who  shall  receive  a  salary,  exclusive  of  clerk-hire,  of  one  thousand  dollars 
per  annum  for  his  services,  and  no  m-ore. 

24.  There  shall  be  elected,  by  the  qualified  electors  throughout  the  state,  a 
state  treasiuer,  who  shall  hold  his  office  for  two  years,  and  until  his  successor  is 
qualified ;  whose  duties  may  be  regulated  by  law,  and  who  shall  receive  a  salary 
of  eight  hundred  dollars  per  annum,  and  no  more. 

25.  All  grants  and  commissions  shall  be  sealed  with  the  great  seal  of  state, 
-signed  by  the  governor  or  person  administering  the  government,  and  counter- 
signed by  the  secretary  of  state. 

26.  The  governor  and  all  other  civil  officers  shall  be  liable  to  impeachment  foi 


ILLINOIS.  433 


misdemeanor  in  office,  during  their  continuance  in  office,  and  for  two  years  there 
after. 

ARTICLE  Y.— Of  the  Judiciary  Department. 

Sec.  1.  The  judicial  power  of  this  state  shall  be,  and  is  hereby,  vested  in  one 
supreme  court,  in  circuit  courts,  in  county  courts,  and  in  justices  of  the  peace : 
Provided,  that  inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be 
estabhshed  by  the  general  assembly  in  the  cities  of  this  state,  but  such  courts 
shall  have  a  uniform  organization  and  jurisdiction  in  such  cities. 

2.  The  supreme  com-t  shaU  consist  of  tliree  judges,  two  of  whom  shall  form  a 
quorum ;  and  the  concurrence  of  two  of  said  judges  shall  in  all  cases  be  neces- 
sary to  a  decision. 

3.  The  state  shall  be  divided  into  three  grand  divisions,  as  nearly  equal  as 
may  be,  and  the  qualified  electors  of  each  division  shall  elect  one  of  the  said 
judges  for  the  term  of  nine  years :  Provided,  that  after  the  first  election  of  such 
judges,  the  general  assembly  may  have  the  power  to  provide  by  law  for  their 
election  by  the  whole  state,  or  by  divisions,  as  they  may  deem  most  expedient. 

4.  The  office  of  one  of  said  judges  shall  be  vacated,  after  the  first  election  held 
imder  this  article,  in  three  years ;  of  one,  in  six  years ;  and  of  one,  in  nine  years ; 
to  be  decided  by  lot,  so  that  one  of  said  judges  shall  be  elected  once  in  every 
three  years.  The  judge  having  the  longest  term  to  serve  shall  be  the  first  cliief- 
justice ;  after  which,  the  judge  having  the  oldest  commission  shall  be  chief- 
justice. 

5.  The  supreme  court  may  have  original  jurisdiction  in  cases  relative  to  the 
revenue,  in  cases  of  mandamus,  habeas  corpus,  and  in  such  cases  of  impeachment 
as  may  be  by  law  directed  to  be  tried  before  it,  and  shall  have  appellate  jurisdic- 
tion in  all  otiier  cases. 

6.  The  supreme  court  shall  hold  one  term  annually  in  each  of  the  aforesaid 
grand  divisions,  at  such  time  and  place,  in  each  of  said  divisions,  as  may  be  pro- 
vided for  by  law. 

7.  The  state  shall  be  divided  into  nine  judicial  districts  ;  in  each  of  which  one 
circuit  judge  shall  be  elected  by  the  qualified  electors  thereof,  who  shall  hold  his 
office  for  the  term  of  six  years,  and  until  his  successor  shall  be  conmiissioned  and 
qualified :  Provided,  that  the  general  assembly  may  iacrease  the  number  of  cir- 
cuits to  meet  the  futm-e  exigencies  of  the  state. 

8.  There  shall  be  two  or  more  terms  of  the  circuit  court  held,  annually,  in  each 
county  of  tliis  state,  at  such  times  as  shall  be  provided  by  law ;  and  said  courts 
shall  have  jm-isdiction  in  aU  cases  at  law  and  equity,  and  in  all  cases  of  appeals 
from  all  inferior  com-ts. 

9.  All  vacancies  in  the  supreme  and  circuit  courts  shall  be  filled  by  election  as 
aforesaid :  Provided,  however,  that  if  the  unexpired  term  does  not  exceed  one 
year,  such  vacancy  may  be  filled  by  executive  .appointment. 

10.  The  judges  of  the  supreme  court  shall  receive  a  salary  of  twelve  htmdred 
dollars  per  annum,  payable  quarterly,  and  no  more.  The  judges  of  the  circuit 
courts  shall  receive  a  salary  of  one  thousand  dollars  per  anmmi,  payable  quar- 

•terly,  and  no  more.  The  judges  of  the  supreme  and  circuit  courts  shall  not  be 
eligible  to  any  other  office  or  public  trust,  of  profit,  in  this  state  or  the  United 
States,  during  the  term  for  whach  they  are  elected,  nor  for  one  year  thereafter. 
All  votes  for  either  of  them  for  any  elective  office  (except  that  of  judge  of  the 
supreme  or  circuit  coiu-t),  given  by  the  general  assembly,  or  the  people,  shall  be 
void. 

11.  No  person  shall  be  eligible  to  the  office  of  judge  of  any  court  of  this  state 
who  is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  resided  in  this 
state  five  years  next  preceding  his  election,  and  who  shall  not  for  two  years  next 
preceding  his  election  have  resided  in  the  division,  circuit,  or  comity,  in  which  he 
shall  be  elected ;  nor  shall  any  person  be  elected  judge  of  the  supreme  court 
who  shall  be,  at  the  time  of  his  election,  under  the  age  of  thirty-five  years ;  and 


434  CONSTITUTION    OF 


no  person  shall  be  eligible  to  the  office  of  judge  of  the  circuit  court  until  he  shall 
have  attained  the  age  of  thirty  years. 

12.  For  any  reasonable  cause,  to  be  entered  on  the  journals  of  each  house, 
which  shall  not  be  sufficient  ground  for  impeachment,  both  justices  of  the  supreme 
court,  and  judges  of  the  circuit  court,  shall  be  removed  from  office,  on  the  vote  of 
two-thirds  of  the  members  elected  to  each  branch  of  the  general  assembly :  Pro- 
vided, always,  that  no  member  of  either  house  of  the  general  assembly  shall  be 
eligible  to  fill  the  vacancy  occasioned  by  such  removal ;  Provided,  also,  that  no 
removal  shall  be  made  unles  the  justice  or  judge  complained  of  shall  have  been 
served  with  a  copy  of  the  complaint  against  liim,  and  sliall  have  an  opportunity 
of  being  heard  in  his  defence. 

13.  The  first  election  for  justices  of  the  supreme  court  and  judges  of  the  cir- 
cuit courts  shall  be  held  on  the  first  Monday  of  September,  1848. 

14.  The  second  election  for  one  justice  of  the  supreme  court  shall  be  held  on 
the  first  Monday  of  June,  1852;  and  every  three  years  thereafter  an  election 
shall  be  held  for  one  justice  of  the  supreme  court. 

15.  On  the  first  Monday  of  June,  1855,  and  every  sixth  year  thereafter,  an 
election  shall  be  held  for  judges  of  the  circuit  courts :  Provided,  whenever  an 
additional  circuit  is  created,  such  provision  may  be  made  as  to  hold  the  second 
election  of  such  additional  judge  at  the  regular  elections  herein  provided. 

16.  There  shall  be,  in  each  county,  a  court,  to  be  called  a  county  com-t. 

17.  One  county  judge  shall  be  elected  by  the  quahfied  voters  of  each  county, 
who  shall  hold  his  office  for  four  years,  and  until  his  successor  is  elected  and 
quahfied. 

18.  The  jurisdiction  of  said  court  shall  extend  to  all  probate  and  such  other 
jurisdiction  as  the  general  assembly  may  confer  in  civil  cases,  and  such  criminal 
cases  as  may  be  prescribed  by  law,  where  the  pimishment  is  by  fine  only,  not 
exceeding  one  hundred  dollars. 

19.  The  county  judge,  with  such  justices  of  the  peace  in  each  coimty  as  may  be 
designated  by  law,  shall  hold  terms  for  the  transaction  of  county  business, 
and  shall  perform  such  other  duties  as  the  general  assembly  shall  prescribe : 
Provided,  the  general  assembly  may  require  that  two  justices,  to  be  chosen  by 
the  qualified  electors  of  each  coimty,  shall  sit  with  the  coimty  judge  in  all  cases ; 
and  there  shall  be  elected,  quadrennially,  in  each  county,  a  clerk  of  the  county 
court,  who  shall  be  ex  officio  recorder,  whose  compensation  shall  be  fees :  Pro- 
vided, the  general  assembly  may,  by  law,  make  the  clerk  of  the  circuit  com-t 
ex  officio  recorder,  in  heu  of  the  county  clerk. 

20.  The  general  assembly  shall  provide  for  the  compensation  of  the  county 
judge. 

21.  The  clerks  of  the  supreme  and  circuit  courts,  and  state's  attorneys,  shall  be 
elected  at  the  first  special  election  for  judges.  The  second  election  for  clerks  of 
the  supreme  court  shall  be  held  on  the  first  Monday  of  June,  1855,  and  every 
sbcth  year  thereafter.  The  second  election  for  clerks  of  the  cii'cuit  courts,  and 
state's  attorneys,  shall  be  held  on  the  Tuesday  next  after  the  first  Monday  of 
November,  1852,  and  every  fourth  year  thereafter. 

22.  All  judges  and  state's  attorneys  shall.be  conunissioned  by  the  governor. 

23.  The  election  of  all  officers,  and  the  filling  of  all  vacancies  that  may  hap 
pen  by  death,  resignation,  or  removal,  not  otherwise  directed  or  provided  for  by 
this  constitution,  shall  be  made  in  such  manner  as  the  general  assembly  shall 
direct :  Provided,  that  no  such  officer  shall  be  elected  by  the  general  assembly. 

24.  The  general  assembly  may  authorize  the  judgments,  decrees,  and  decisions, 
of  any  local,  inferior  court  of  record,  of  original,  civil,  or  cruninal  jurisdiction, 
established  in  a  city,  to  be  removed,  for  revision,  directly  into  the  supreme  court. 

25.  County  judges,  clerks,  sheriffs,  and  other  county  officers,  for  wilful  neglect 
of  duty,  or  misdemeanor  in  office,  shall  be  Hable  to  presentment  or  indictment  by 
a  grand  jury,  and  trial  by  a  petit  jury;  and,  upon  conviction,  shall  be  removed 
from  office. 


ILLINOIS.  435 


26.  All  process,  writs,  and  other  proceedings,  shaU  run  in  the  name  of  "  The 
people  of  the  State  of  Illinois"  All  prosecutions  shall  be  carried  on  "  In  the 
name  and  by  the  authority  of  the  people  of  the  State  of  Illinois"  and  conclude, 
"  Against  the  peace  and  dignity  of  the  same^ 

27.  There  shall  be  elected  in  each  county  in  this  state,  in  such  districts  as  the 
general  assembly  may  direct,  by  the  qualified  electors  thereof,  a  competent  num- 
ber of  justices  of  the  peace,  who  shall  hold  their  offices  for  the  term  of  four  years, 
and  until  their  successors  shall  have  been  elected  and  qualified,  and  who  shall 
perform  such  duties,  receive  such  compensation,  and  exercise  such  jurisdiction,  as 
may  be  prescribed  by  law. 

28.  There  shall  be  elected  in  each  of  the  judicial  circuits  of  this  state,  by  the 
quaUfied  electors  thereof,  one  state's  attorney,  who  shall  hold  his  office  for  the 
term  of  four  years,  and  until  liis  successors  shall  be  commissioned  and  qualified  ; 
who  shall  perform  such  duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law :  Provided,  that  the  general  assembly  may  hereafter  provide  by 
law  for  the  election,  by  the  qualified  voters  of  each  county  in  tliis  state-  of  one 
county  attorney  for  each  county,  in  lieu  of  the  state's  attorneys  provided  for  in 
this  section  ;  the  term  of  office,  duties,  and  compensation,  of  which  county  attor- 
neys, shall  be  regulated  by  law. 

29.  The  quahfied  electors  of  each  coimty  in  this  state  shall  elect  a  clerk  of  the 
circuit  court,  who  shall  hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  shall  have  been  elected  and  qualified,  who  shall  perform  such  duties 
and  receive  such  compensation  as  may  be  prescribed  by  law.  Tlie  clerks  of  the 
supreme  court  shall  be  elected,  in  each  division,  by  the  qualified  electors  thereof, 
for  the  term  of  six  years,  and  until  tlieir  successors  shall  have  been  elected  and 
qualified  ;  whose  duties  and  compensation  shall  be  provided  by  law. 

30.  The  first  grand  division,  for  the  election  of  judges  of  the  supj^eme  com-t, 
shall  consist  of  the  counties  of  Alexander,  Pulaski,  Massac,  Pope,  Hardin,  Galla- 
tin, SaUne,  Williamson,  Johnson,  Union,  Jackson,  Randolph,  Perry,  Franklin, 
Hamilton,  White,  Wabash,  Edwards,  Wayne,  Jefferson,  Washington,  Monroe,  St 
Clair,  CUnton,  Marion,  Clay,  Richland,  Lawrence,  Crawford,  Jasper,  Effingham, 
Fayette,  Bond,  Madison,  Jersey,  and  Calhoun. 

The  second  grand  division  shall  consist  of  the  counties  of  Edgar,  Coles,  Moul- 
trie, Shelby,  Montgomery,  Macoupin,  Greene,  Pike,  Adams,  Highland,  Hancock, 
M'Donough,  Schuyler,  Brown,  Fidton,  Mason,  Cass,  Morgan,  Scott,  Sangamon, 
Christian,  Macon,  Piatt,  Champaign,  Vermilion,  De  Witt,  Log9,n,  Menard,  Cum- 
berland, and  Clark. 

The  third  grand  division  shall  consist  of  the  counties  of  Henderson,  Warren, 
Knox,  Peoria,  Tazewell,  Woodford,  M'Lean,  Livingston,  Iroquois,  WiU,  Grundy, 
Kendall,  La  Salle,  Putnam,  Marshall,  Stark,  Bureau,  Henry,  Mercer,  Rock 
Island,  Whiteside,  Lee,  Carroll,  Jo  Daviess,  Stephenson,  Winnebago,  Ogle,  De 
Kalb,  Boone,  Kane,  M'Henry,  Lake,  Cook,  and  Du  Page. 

31.  The  terms  of  the  supreme  court  for  the  first  division  shall  be  held  at 
Moimt  Vernon,  in  Jefferson  comity ;  for  the  second  division,  at  Springfield,  in 
Sangamon  coimty  ;  for  the  third  division,  at  Ottawa,  in  La  Salle  county ;  until 
some  other  place  in  either  division  is  fixed  by  law. 

32.  Appeals  and  writs  of  error  may  be  taken  from  the  circuit  court  of  any 
county  to  the  supreme  court  held  in  the  division  which  includes  such  county,  or, 
with  the  consent  of  all  the  parties  in  the  cause,  to  the  supreme  court  in  the  next 
adjoining  division. 

33.  The  foregoing  districts  may,  after  the  taking  of  each  cpnsus  by  the  state, 
be  altered,  if  necessary,  to  equalize  the  said  districts  in  population ;  but  such 
alteration  shall  be  made  by  adding  to  such  district  such  adjacent  county  or  coun- 
ties as  will  make  said  district  nearest  equal  in  population :  Provided,  no  such 
alteration  shall  affect  the  office  of  any  ju(^e  then  in  office. 


436  CONSTITUTION    OF 


ARTICLE  Yl—On  Elections  and  the  Right  of  Suffrage. 

Sec.  1.  In  all  elections,  every  white  male  citizen  above  the  age  of  twenty-one 
years,  liaving  resided  in  the  state  one  year  next  preceding  any  election,  shall  be 
entitled  to  vote  at  such  election ;  and  every  white  male  inhabitant  of  the  age 
aforesaid,  who  may  be  a  resident  of  the  state  at  the  time  of  the  adoption  of  this 
constitution,  shall  have  the  right  of  voting  as  aforesaid  ;  but  no  such  citizen  or 
inhabitant  shall  be  entitled  to  vote,  except  in  the  district  or  county  in  which  he 
shall  actually  reside  at  the  time  of  such  election, 

2.  All  votes  shall  be  given  by  ballot. 

3.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the  peace,' 
be  privileged  from  arrest  dming  their  attendance  at  elections,  and  in  going  to 
and  returning  from  the  same. 

4.  No  elector  shall  be  obhged  to  do  militia  duty  on  the  days  of  election,  except 
in  time  of  war  or  public  danger. 

5.  ]S"o  elector  shall  be  deemed  to  have  lost  his  residence  in  this  state  by  rea- 
son of  his  absence  on  the  business  of  the  United  States  or  of  this  state. 

6.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  the  United  States, 
shall  be  deemed  a  resident  of  this  state,  in  consequence  of  being  stationed  at  any 
military  or  naval  place  witliin  the  state. 

7.  No  person  shall  be  elected  or  appointed  to  any  office  in  this  state,  civil  or 
military,  who  is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  resi- 
ded in  this  state  one  year  next  before  the  election  or  appointment. 

8.  The  general  assembly  shall  have  full  power  to  pass  laws  excluding  from 
the  right  of  suffrage  persons  convicted  of  infamous  crimes. 

9.  The  general  elections  shall  be  held  on  the  Tuesday  next  after  the  first  Mon- 
day of  November,  biennially,  until  otherwise  provided  hj  law. 

ARTICLE  VII.— 0/  Counties. 

Seo.  1.  No  new  county  shall  be  formed  or  established  by  the  general  assem- 
bly, which  will  reduce  the  county  or  coimties,  or  either  of  them,  from  which  it 
shall  be  taken,  to  less  contents  than  fom-  hundred  square  miles ;  nor  shall  any 
county  be  formed  of  less  contents ;  nor  shall  any  line  thereof  pass  within  less 
than  ten  miles  of  any  county-seat  of  the  covmty  or  counties  proposed  to  be 
divided. 

2.  No  county  shall  be  divided,  or  have  any  part  stricken  therefrom,  without 
submitting  the  question  to  a  vote  of  the  people  of  the  county,  nor  unless  a  ma- 
jority of  aU  the  legal  voters  of  the  county  voting  on  the  question  shall  vote  for 
the  same. 

3.  All  territory  which  has  been  or  may  be  stricken  off,  by  legislative  enact- 
ment, from  any  organized  county  or  counties,  for  the  purpose  of  forming  a  new 
county,  and  which  slaall  remain  unorganized  after  the  period  provided  for  such 
organization,  shall  be  and  remain  a  part  of  the  county  or  counties  from  which  it 
was  originally  taken,  for  all  pm*poses  of  county  and  state  government,  until  other- 
wise provided  by  law. 

4.  There  shall  be  no  territory  stricken  from  any  county  imless  a  majority  of 
the  voters  living  in  such  territory  shall  petition  for  such  division  ;  and  no  terri- 
tory shaU  be  added  to  any  county  without  the  consent  of  a  majority  of  the  voters 
of  the  county  to  which  it  is  proposed  to  be  added. 

5.  No  county-seat  shall  be  removed  until  the  point  to  which  it  is  proposed  to 
be  removed  shall  be  fixed  by  law,  and  a  majority  of  the  voters  of  the  comity 
shall  have  voted  in  favor  of  its  removal  to  such  point. 

6.  Tlie  general  assembly  shall  provide,  by  a  general  law,  for  a  township  organ- 
ization, under  which  any  county  may  organize  whenever  a  majority  of  the  voters 
of  such  county,  at  any  general  election,  shall  so  determine  ;  and  whenever  any 
county  shall  adopt  a  township  organization,  so  much  of  tliis  constitution  as  pro- 
vides for  the  management  of  the, fiscal  concerns  of  the  said  county  by  the  county 


ILLINOIS.  437 


court  may  be  dispensed  \dth,  and  the  affairs  of  said  county  may  be  transacted  in 
such  manner  as  the  general  assembly  may  provide. 

'7,  There  shall  be  elected  in  each  county  in  this  state,  by  the  qualified  electors 
thereof,  a  sheriff,  who  shaU  hold  his  office  for  the  term  of  two  years,  and  until  his 
successor  shall  have  been  elected  and  qualified :  Provided,  no  person  shall  be  eli- 
gible to  the  said  ofiice  more  than  once  in  four  years. 

ARTICLE  Ylll.— Militia. 

Sec.  1.  The  militia  of  the  state  of  Illinois  shall  consist  of  all  free  male  able- 
bodied  persons  (negroes,  mulattoes,  and  Indians  excepted),  resident  of  the  state, 
between  the  ages  of  eighteen  and  forty-five  years,  except  such  persons  as  now 
ai'e  or  hereafter  may  be  exempted  by  the  laws  of  the  United  States  or  of  this 
state,  and  shall  be  armed,  equipped,  and  trained,  as  the  general  assembly  may 
provide  by  law. 

2.  No  person  or  persons,  conscientiously  scrupulous  of  bearing  arms,  shall  be 
compelled  to  do  militia  duty  in  time  of  peace,  provided  such  person  or  persons 
shall  pay  an  equivalent  for  such  exemption. 

3.  Company,  battalion,  and  regimental  officers,  staff-officers  excepted,  shall  be 
elected  by  the  persons  composing  their  several  companies,  battalions,  and  regi- 
ments. 

4.  Brigadier  and  major  generals  shall  be  elected  by  the  officers  of  their 
brigades  and  divisions,  respectively.  «> 

5.  All  militia  ofiicers  shall  be  commissioned  by  the  governor,  and  may  hold 
their  commissions  for  such  time  as!  the  legislature  may  provide. 

6.  The  miUtia  shaU  in  all  cases,  except  treason,  felony,  or  breach  of  the  peace, 
be  pri\dleged  from  arrest  during  theii-  attendance  at  musters  and  elections  of 
officers,  and  in  going  to  and  returning  from  the  same. 

ARTICLE  IX.— 0/  the  Revenue. 

Sec.  1.  The  general  assembly  may,  whenever  they  shall  deem  it  necessary, 
cause  to  be  collected  fi-om  all  able-bodied,  free  white  male  inhabitants  of  this 
state,  over  the  age  of  twenty -one  years  and  under  the  age  of  sixty  years,  who  are 
entitled  to  the  right  of  suffrage,  a  capitation  tax  of  not  less  than  fifty  cents,  nor 
more  tlian  one  dollar  each. 

2.  The  general  assembly  shall  provide  for  levying  a  tax  by  valuation,  so  that 
every  person  and  corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his  or 
her  property ;  such  value  to  be  ascertained  by  some  person  or  persons  to  be 
elected  or  appointed  in  such  manner  as  the  general  assembly  shall  direct,  and 
not  otherwise ;  but  the  general  assembly  shall  ha.ve  power  to  tax  pedlars,  auc- 
tioneers, brokers,  hawkers,  merchants,  commission  mercliants,  showmen,  jugglers, 
inn-keepers,  grocery-keepers,  toll-bridges  and  ferries,  and  persons  using  and 
exercising  franchises  and  privileges,  in  such  manner  as  they  shall  from  time  to 
time  direct. 

8,  The  property  of  the  state  and  counties,  both  real  and  personal,  and  such 
other  property  as  the  general  assembly  may  deem  necessary  for  school,  reli- 
gious, and  charitable  purposes,  may  be  exempted  from  taxation. 

4.  Hereafter,  no  purchaser  of  any  land  or  town-lot,  at  any  sale  of  lands  or 
town-lots  for  taxes  due  either  to  this  state,  or  any  county,  or  incorporated  town 
or  city  within  the  same ;  or  at  any  sale  for  taxes  or  levies  authorized  by  the 
laws  of  this  state,  shall  be  entitled  to  a  deed  for  the  lands  or  town-lot  so  pm*- 
chased  imtil  he  or  she  shall  have  complied  with  the  following  conditions,  to  wit : 
Such  purchaser  shall  serve,  or  cause  to  be  served,  a  written  notice  of  such  pui-- 
chase  on  every  person  in  possession  of  such  land  or  town-lot,  tln-ee  months  be- 
fore the  expiration  of  the  time  of  redemption  on  such  sale  ;  in  which  notice  he 
shall  state  when  he  purchased  the  land  or  town-lot,  the  description  of  tlie  land 
or  lot  he  has  purchased,  and  when  the  time  of  redemption  will  expire.  In  like 
maimer  he  sliall  serve  on  the  person  or  persons  in  whose  name  or  names  such 


438  CONSTITUTION    OF 


land  or  lot  is  taxed,  a  similar  written  notice,  if  such  person  or  persons  shall 
reside  in  the  county  where  such  land  or  lot  shall  be  situated  ;  and  in  the  event 
that  the  person  or  persons  in  whose  name  or  names  the  land  or  lot  is  taxed  do 
not  reside  in  the  county,  such  pm*chaser  shall  publish  such  notice  in  some  news- 
paper printed  in  such  county ;  and  if  no  newspaper  is  printed  in  the  comity, 
then  in  the  nearest  newspaper  tliat  is  published  in  this  state  to  the  county  m 
which  such  lot  or  land  is  situated  ;  which  notice  shall  be  inserted  three  times,  the 
last  time  not  less  than  three  months  before  the  time  of  redemption  shall  expire. 
Every  such  purchaser,  by  himself  or  agent,  shall,  before  he  shall  be  entitled  to  a 
deed,  make  an  affidavit  of  his  having  compUed  with  the  conditions  of  this  sec- 
tion, stating  particularly  the  facts  relied  on  as  such  comphance  ;  which  affidavit 
shall  be  delivered  to  the  person  authorized  by  law  to  execute  such  tax  deed,  and 
which  shall  by  him  be  filed  with  the  officer  having  custody  of  the  records  of 
lands  and  lots  sold  for  taxes  and  entries  of  redemption  in  the  county  where  such 
land  or  lot  shaU  lie,  to  be  by  such  officer  entered  on  the  records  of  his  office  and 
carefully  preserved  among  the  files  of  his  office  ;  and  which  record  or  affidavit 
shall  be  prima-facie  evidence  that  such  notice  has  been  given.  Any  person 
swearing  falsely  in  such  affidavit  shall  be  deemed  guilty  of  perjury,  and  pmiished 
accordingly.  In  case  any  person  shall  be  compelled  under  tliis  section  to  pub- 
Hsh  a  notice  in  a  newspaper,  then,  before  any  person  who  may  have  a  right  to 
redeem  such  land  or  lot  from  tax  sale,  shall  be  permitted  to  redeem,  he  or  she 
shall  pay  the  officer  or  person  who  by  law  is  authorized  to  receive  such  redemp- 
tion-money, the  printer's  fee  for  publisliing  such  notice  and  the  expenses  of 
swearing  or  affirming  to  the  affidavit,  and  filing  the  same. 

5.  The  corporate  authorities  of  counties,  townships,  school  districts,  cities, 
towns,  and  villages,  may  be  vested  with  power  to  assess  and  collect  taxes  for 
corporate  purposes  ;  such  taxes  to  be  uniform  in  respect  to  persons  and  property 
within  the  jurisdiction  of  the  body  imposing  the  same.  And  tlie  general  assembly 
shall  requii:e  that  aU  the  property  within  the  limits  of  municipal  corporations 
belonging  to  individuals  shall  be  taxed  for  the  payment  of  debts  contracted  un- 
der authority  of  law. 

6.  The  specification  of  the  objects  and  subjects  of  taxation  shall  not  deprive 
the  general  assembly  of  the  power  to  require  other  objects  or  subjects  to  be 
taxed  in  such  manner  as  may  be  consistent  with  the  principles  of  taxation  fixed 
in  this  constitution. 

ARTICLE  X.— Corporations. 

Sec.  1.  Corporations,  not  possessing  banking  powers  or  privileges,  may  be 
formed  under  general  laws,  but  shall  not  be  created  by  special  acts,  except  for 
municipal  purposes,  and  in  cases  where,  in  the  judgment  of  the  general  assembly, 
the  objects  of  the  corporation  cannot  be  attained  under  general  laws. 

2.  Dues  from  corporations,  not  possessing  banking  powers  or  privileges,  shaU 
be  secured  by  such  individual  habihties  of  the  corporators,  or  other  means,  as 
may  be  prescribed  by  law. 

3.  No  state  bank  shall  hereafter  be  created,  nor  shall  the  state  own  or  be  ha- 
ble  for  any  stock  in  any  corporation  or  joint-stock  association  for  banking  pur- 
poses, to  be  hereafter  created. 

4.  The  stockholders  in  every  corporation,  or  joint-stock  association  for  banking 
purposes,  issuing  bank-notes,  or  any  kind  of  paper  credits  to  circulate  as  money, 
shall  be  individually  responsible,  to  the  amount  of  then-  respective  share  or 
shares  of  stock  in  any  such  corporation  or  association,  for  all  its  debts  and  liabili- 
ties of  every  kind. 

6.  No  act  of  the  general  assembly,  authorizing  corporatioas  or  associations  with 
banking  powers,  shall  go  into  effect,  or  in  any  manner  be  in  force,  unless  the 
saine  sliall  be  submitted  to  the  people  at  the  general  election  next  succeeding  the 
passage  of  the  same,  and  be  approved  by  a  majority  of  all  the  votes  cast  at  such 
election  for  and  against  such  law. 


ILLINOIS.  439 


6.  The  general  assembly  shall  encourage  internal  improvements,  by  passing 
liberal  general  laws  of  incorporation  for  that  purpose. 

ARTICLE  XL—Oanimons. 

All  lands  which  have  been  granted,  as  a  "  common,"  to  the  inhabitants  of  any 
town,  hamlet,  village,  or  corporation,  by  any  person,  body  pohtic  or  corporate, 
or  by  any  government  having  power  to  make  such  grant,  shall  for  ever  remain 
common  to  the  inhabitants  of  such  town,  hamlet,  village,  or  corporation ;  but  the 
said  commons,  or  any  of  them,  or  any  part  thereof,  may  be  divided,  leased,  or 
granted,  in  such  manner  as  may  hereafter  be  provided  by  law,  on  petition  of  a 
majority  of  the  quahfied  voters  interested  in  such  commons  or  any  of  them. 

ARTICLE  XII. — Amendments  to  the  Constitution. 

Sec.  1.  Whenever  two-thirds  of  all  the  members  elected  to  each  branch  of  the 
general  assembly  shall  think  it  necessary  to  alter  or  amend  this  constitution, 
they  shall  recommend  to  the  electors  at  the  next  election  of  members  of  the 
general  assembly,  to  vote  for  or  against  a  convention  ;  and  if  it  shall  appear  that 
a  majority  of  all  the  electors  of  the  state  voting  for  representatives  have  voted 
for  a  convention,  the  general  assembly  shall,  at  their  next  session,  caU  a  conven- 
tion, to  consist  of  as  many  members  as  the  house  of  representatives  at  the  time 
of  making  said  call,  to  be  chosen  in  the  same  manner,  at  the  same  place,  and  by 
the  same  electors,  in  the  same  districts  that  chose  the  members  of  the  house  of 
representatives  ;  and  Avhich  convention  shall  meet  within  three  months  after  the 
said  election,  for  the  purjwse  of  revising,  altering,  or  amending  this  constitution. 

2.  Any  amendment  or  amendments  to  this  constitution  may  be  proposed  in 
either  branch  of  the  general  assembly  ;  and  if  the  same  shall  be  agreed  to  by 
two-thirds  of  all  the  members  elect  in  each  of  tlie  two  houses,  such  proposed 
amendment  or  amendments  shall  be  refeired  tothe  next  regular  session  of  the 
general  assembly,  and  shall  be  published  at  least  three  months  previous  to  the 
time  of  holding  the  next  election  for  members  of  the  house  of  representatives  ; 
and  if,  at  the  next  regular  session  of  tlie  general  assembly  after  said  election,  a 
majority  of  aU  the  members  elect  in  each  branch  of  the  general  assembly  shall 
agree  to  said  amendment  or  amendments,  then  it  shall  be.  their  duty  to  submit 
the  same  to  the  people  at  the  next  general  election  for  their  adoption  or  rejec- 
tion, in  such  manner  as  may  be  prescribed  by  law ;  and  if  a  majority  of  all  the 
electors  voting  at  such  election  for  members  of  the  house  of  representatives  shall 
vote  for  such  amendment  or  amendments,  the  same  shall  become  a  part  of  the 
constitution.  But  the  general  assembly  shall  not  have  power  to  propose  an 
amendment  or  amendments  to  more  than  one  article  of  the  constitution  at  the 
same  session. 

ARTICLE  Xill.— Declaration  of  Rights. 

That  the  general,  great,  and  essential  principles  of  Hberty  and  free  government 
may  be  recognised  and  unalterably  established,  we  declare  : — 
Sec.  1.  That  all  men  are  born  equally  free  and  independent,  and  have  certain 
inherent,  and  indefeasible  rights  ;  among  which  are  those  of  enjoying  and  defend- 
ing life  and  liberty,  and  of  acquiring,  possessing,  and  protecting  property  and 
reputation,  and  of  pursuing  their  own  happiness. 

2.  That  all  power  is  inherent  in  the  people,  and  all  free  governments  are 
founded  on  their  authority,  and  instituted  for  their  peace,  safety,  and  happiness. 

3.  That  all  men  have .  a  natural  and  indefeasible  right  to  worship  Almighty 
God  according  to  the  dictates  of  their  own  consciences ;  that  no  man  can  of  right 
be  compelled  to  attend,  erect,  or  support  any  place  of  worship,  or  to  maintain 
any  ministry,  against  his  consent ;  that  no  human  authority  can,  in  any  case 
wliatever,  control  or  interfere  with  the  rights  of  conscience ;  and  that  no  prefer- 
ence shall  ever  be  given  by  law  to  any  religious  establishments  or  modes  of  wor- 
ship. 


440  CONSTITUTION    OF 


4.  That  no  religious  test  shall  ever  he  required  as  a  qualification  to  any  office 
of  public  trust  under  this  state. 

5.  That  all  elections  shall  be  free  and  equal. 

6.  Tliat  the  right  of  trial  by  jiu-y  shall  remain  inviolate  ;  and  shall  extend  to 
all  cases  at  law,  without  regard  to  the  amount  in  controversy. 

v.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and  pos- 
sessions, from  unreasonable  searches  and  seizures ;  and  that  general  warrants, 
whereby  an  officer  may  be  coimnanded  to  search  suspected  places  without  evi- 
dence of  tlie  fact  committed,  or  to  seize  any  person  or  persons  not  named,  whose 
offences  are  not  particularly  described  and  supported  by  evidence,  are  danger- 
ous to  liberty,  and  ought  not  to  be  granted. 

8.  That  no  freeman  shall  be  imprisoned,  or  disseized  of  his  freehold,  liberties, 
or  privileges,  or  outlawed  or  exiled,  or  in  any  manner  deprived  of  his  life,  liberty, 
or  property,  but  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be  heard  by 
himself  and  counsel ;  to  demand  the  nature  and  cause  of  the  accusation  against 
him  ;  to  meet  the  witnesses  face  to  face  ;  to  have  compulsory  process  to  com- 
pel the  attendai^ce  of  witnesses  in  his  favor ;  and  in  prosecutions  by  indictment 
or  information,  a  speedy  public  trial  by  an  impartial  jury  of  the  county  or  dis- 
trict wherein  the  offence  shall  have  been  committed,  which  county  or  district 
shall  have  been  previously  ascertained  by  law  ;  and  that  he  shall  not  be  com- 
pelled to  give  evidence  against  himself 

10.  No  person  shall  be  held  to  answer  for  a  criminal  offence  unless  on  the  pre- 
sentment or  indictment  of  a  grand  jury,  except  in  cases  of  impeachment,  or  in 
cases  cognizable  by  justices  of  the  peace,  or  arising  in  the  army  or  navy,  or  m 
the  militia  when  in  actual  service  in  time  of  war  or  public  danger :  Provided, 
that  justices  of  the  peace  shall  try  no  person,  except  as  a  court  of  inquiry,  for 
any  offence  punishable  with  imprisonment  or  death,  or  fine  above  one  hundred 
dollars. 

11.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy  of  his -life 
or  hmb  ;  nor  shall  any  man's  property  be  taken  or  applied  to  public  use  without 
the  consent  of  his  representatives  in  the  general  assembly,  nor  without  just  com- 
pensation being  made  to  him. 

12.  Every  person  within  this  state  ought  to  find  a  certain  remedy  in  the  laws 
for  all  injuries  or  wrongs  which  he  may  receive  in  his  person,  property,  or  char- 
acter ;  he  ought  to  obtain  right  and  justice  freely,  and  without  being  obliged  to 
purchase  it,  completely  and  without  denial,  promptly  and  without  delay,  con- 
formably to  the  laws. 

13.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offences  where  the  proof  is  evident  or  the  presumption  great ;  and  the  privilege 
of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless,  when  in  cases  of  re- 
bellion or  invasion,  the  public  safety  may  require  it. 

14.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offence  ;  the  true 
design  of  all  punishment  being  to  reform,  not  to  exterminate  mankind. 

15.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal  to  deliver  up 
his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be  prescribed 
by  law,  or  in  cases  where  there  is  strong  presumption  of  fraud. 

16.  There  shall  be  neither  slavery  nor  involuntary  servitude  in  this  state,  ex- 
cept as  a  punishment  for  crime  whereof  the  party  shall  have  been  duly  con- 
victed. 

17.  No  ex-post-facto  law,  nor  any  law  impairing  the  obligation  of  contracts, 
shall  ever  be  made ;  and  no  conviction  shall  work  corruption  of  blood  or  for- 
feitm-e  of  estate. 

18.  That  no  person  shall  be  liable  to  be  transported  out  of  this  state  for  any 
offence  committed  within  the  same. 

19.  That  a  frequent  recurrence  to  the  fundamental  principles  of  civil  govern- 
ment is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 


ILLINOIS.  441 


20.  Tlie  military  shall  be  in  strict  subordination  to  the  civil  power. 

21.  That  the  people  have  a  right  to  assemble  together  in  a  peaceable  maimer 
to  consult  for  their  common  good,  to  instruct  their  representatives,  and  to  apply 
to  the  general  assembly  for  redress  of  grievances. 

22.  S'o  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner  ;  nor  in  time  of  war,  except  in  manner  prescribed  by 
law. 

23.  The  printing-presses  shall  be  free  to  every  person  who  undertakes  to 
examine  the  proceedings  of  the  general  assembly,  or  of  any  branch  of  govern- 
ment ;  and  no  law  shall  ever  be  made  to  restrain  the  right  thereof.  The  free 
communication  of  thoughts  and  opinions  is  one  of  the  invaluable  rights  of  man ; 
and  every  citizen  may  freely  speak,  write,  and  print,  on  any  subject,  being 
responsible  for  the  abuse  of  that  liberty. 

24.  In  prosecutions  for  the  publication  of  papers  investigating  the  official  con- 
duct of  officers,  or  of  men  acting  in  a  public  capacity,  or  when  the  matter  pub- 
lished is  proper  for  pubhc  information,  the  truth  thereof  may  be  given  in  evi- 
dence ;  and  in  aU  indictments  for  libels,  the  jury  shall  have  the  right  of  deter- 
mining both  the  law  and  the  fact,  under  the  direction  of  the  court,  as  in  other 
cases. 

25.  Any  person  who  shall,  after  the  adoption  of  this  constitution,  fight  a  duel, 
or  send  or  accept  a  challenge  for  that  purpose,  or  be  aider  or  abettor  in  fighting 
a  duel,  shall  be  deprived  of  the  right  of  holding  any  office  of  honor  or  profit  ia 
this  state,  and  shall  be  punished  otherwise,  in  such  manner  as  is  or  may  be  pre- 
scribed by  law. 

26.  That  from  and  after  the  adoption  of  this  constitution,  every  person  who 
shall  be  elected  or  appointed  to  any  office  of  profit,  trust,  or  emolument,  civil  or 
military,  legislative,  executive,  or  judicial,  under  the  government  of  this  state, 
shall,  before  he  enters  upon  the  duties  of  his  office,  in  addition  to  the  oath  pre- 
scribed in  this  constitution,  take  the  following  oath :  "  I  do  solemnly  swear  [or 
affirm,  as  the  case  may  be]  that  I  have  not  fought  a  duel,  nor  sent  or  accepted  a 
challenge  to  fight  a  duel,  the  probable  issue  of  which  might  have  been  the  death 
of  either  party,  nor  been  a  second  to  either  party,  nor  in  any  manner  aided  or 
assisted  in  such  duel,  nor  been  knowingly  the  bearer  of  such  challenge  or  accept- 
ance, since  the  adoption  of  the  constitution  ;  and  that  I  will  not  be  so  engaged 
or  concerned,  directly  or  indirectly,  in  or  about  any  such  duel,  (iliring  my  contin- 
uance in  office.     So  help  me,  Grod." 

ARTICLE  XIY.— Public  Debt. 

There  shall  be  annually  assessed  and  collected,  in  the  same  manner  as  other 
state  revenue  may  be  assessed  and  collected,  a  tax  of  two  mills  upon  each  dol- 
lar's worth  of  taxable  property,  in  addition  to  all  other  taxes,  to  be  applied  as 
follows,  to  wit :  The  fund  so  created  shall  be  kept  separate,  and  shall  annually, 
on  the  first  day  of  January,  be  apportioned  and  paid  over,  pro  rata,  upon  all  such 
state  indebtedness,  other  than  the  canal  and  school  indebtedness,  as  may,  for  that 
purpose,  be  presented  by  the  holders  of  the  same,  to  be  entered  as  credits  upon, 
and,  to  that  extent,  in  extinguishment  of  the  principal  of  said  indebtedness. 


442  CONSTITUTION    OF 


SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments  made  in 

the  constitution  of  this  state,  and  to  carry  the  same  into  complete  effect,  it  is 

hereby  ordained  and  declared  : 

Sec.  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution,  not  inconsis- 
tent therewith,  and  all  rights,  actions,  prosecutions,  claims,  and  contracts  of  this 
state,  individuals  or  bodies  corporate,  shall  continue  and  be  as  valid  as  if  this  con- 
stitution had  not  been  adopted. 

2.  That  all  fines,  penalties,  and  forfeitiu-es  due  and  owing  to  the  state  of  Illi- 
nois under  the  present  constitution  and  laws,  shall  enure  to  the  use  of  the  peo- 
ple of  the  state  of  Illinois  under  this  constitution. 

8.  Recognizances,  bonds,  obligations,  and  all  other  instruments  entered  into  or 
executed,  before  the  adoption  of  this  constitution,  to  the  people  of  the  state  of 
BHnois,  to  any  state  or  county  officer  or  pubhc  body,  shall  remain  binding,.and 
vahd,  and  rights  and  liabilities  upon  the  same  shall  continue,  and  all  crimes  and 
misdemeanors  shall  be  tried  and  punished  as  though  no  change  had  been  made 
in  the  constitution  of  the  state. 

4.  That  "  article  XI,"  entitled  "  Conmions,"  is  hereby  adopted  as  a  part  of  tlie  ' 
constitution  of  this  state,  without  being  submitted  to  be  voted  upon  by  the  people. 

5.  That  at  the  first  election  fixed  by  this  constitution  for  the  election  of  judges, 
there  shall  be  elected  one  circuit  judge  in  each  of  the  nine  judicial  circuits  now 
established  in  this  state. 

6.  The  county  commissioners'  courts  and  the  probate  justices  of  the  several 
counties,  shall  continue  in  existence  and  exercise  their  present  jurisdiction,  until 
the  county  court,  provided  in  this  constitution,  is  organized  in  pursuance  of  an 
act  of  the  general  assembly  to  be  passed  at  its  first  session. 

7.  That  the  clerk  of  the  circuit  court,  in  each  coimty  fixed  by  this  constitution 
as  the  place  for  holding  the  supreme  court,  except  in  the  county  of  Sangamon, 
shall  be  ex- officio  clerk  of  the  supreme  court,  until  the  clerks  of  said  court  shaU 
be  elected  and  qualified,  as  provided  in  this  constitution,  and  all  laws  now  in 
force,  in  relation  to  the  clerk  of  the  supreme  court,  shall  be  applicable  to  said 
clerks  and  their  duties. 

8.  That  the  ^eriffs,  state  attorneys,  and  all  other  officers  elected  under  this 
constitution  shall  perform  such  duties  as  shall  be  prescribed  by  law. 

9.  That  the  oaths  of  office  herein  required  to  be  taken,  may  be  administered 
by  a  justice  of  the  peace  luitil  otherwise  provided  for  by  law. 

10.  That  this  constitution  shall  be  submitted  to  the  people  for  theu-  adoption 
or  rejection  at  an  election  to  be  held  on  the  first  Monday  in  March,  a.  d.  1848, 
and  there  shall  also  be  submitted  for  adoption  or  rejection  at  the  same  time,  the 
separate  articles  in  relation  to  the  emigration  of  colored  persons  and  the  public 
debt.* 

11.  That  every  person  entitled  to  vote  for  members  of  the  general  assembly, 
by  the  constitution  and  laws  now  in  force,  shall  on  the  first  Monday  in  March, 
A.  t).  1848,  be  entitled  to  vote  for  the  adoption  or  rejection  of  this  constitution,  and 
for  and  against  the  aforesaid  articles  separately  submitted,  and  the  said  qualified 
electors,  shall  vote  in  the  counties  in  which  they  respectively  reside,  at  the  usual 
places  of  voting,  and  not  elsewhere ;  and  the  said  election  shall  be  conducted 
according  to  the  laws  now  in  force  in  relation  to  the  election  of  governor,  so  far 
as  apphcable,  except  as  herein  otherwise  provided, 

*  The  article  relating  to  the  Public  Debt  was  adopted.,  and  has,  therefore,  been  appended  to 
the  Constitution  as  Article  XIV. ;  that  on  the  Emigration  of  colored  Persons  was  rejected  ;  it 
was  as  follows : — 

"The  genenil  assembly  shall,  at  its  first  session  under  the  amended  constitution,  pass  such 
laws  as  will  effectually  prohibit  free  persons  of  color  from  immigrating  to  and  settling  in  this 
state  ;  and  to  effectually  prevent  the  owners  of  slaves  from  bringing  them  into  this  state,  for 
the  purpose  of  setting  them  free." 


ILLINOIS.  443 


12.  [As  this  section  merely  gave  the  form  of  pool-book  to  be  used  when  the 
constitution  was  submitted  to  the  people,  it  is  omitted,  the  event  having  passed.] 

13.  That  the  returns  of  the  votes  for  the  adoption  or  rejection  of  this  consti- 
tution, and  for  and  against  the  separate  articles  submitted,  shall  be  made  to  the 
secretary  of  state  within  fifty  days  after  the  election,  and  the  returns  of  the  votes 
shall,  within  five  days  thereafter,  be  examined  and  canvassed  by  the  auditor, 
treasurer  and  secretary  of  state,  or  any  two  of  them,  in  the  presence  of  the  go- 
vernor, and  proclamation  shall  be  made  by  the  governor  forthwith  of  the  result 
of  the  polls.  If  it  shall  appear,  that  a  majority  of  all  the  votes  polled  are  for 
the  adoption  of  this  constitution,  it  shall  be  the  supreme  law  of  the  land,  from 
and  after  the  first  day  of  April,  a.  d.  1848,  but  if  it  shall  appear  that  a  majority 
of  the  votes  polled,  were  given  against  the  constitution,  the  same  shall  be  null 
and  void.  If  it  shall  further  appear  that  a  majority  of  the  votes  polled,  shall 
have  been  given  for  the  separate  article  in  relation  to  colored  persons,  or  the 
article  for  the  two  mill  tax,  then  said  article,  or  articles,  shall  be  and  form  a 
part  of  this  constitution,  otherwise  said  article,  or  articles,  shall  be  null  and  void. 

14.  That  if  this  constitution  shall  be  ratified  by  the  people,  the  governor  shall 
forthwith,  after  having  ascertained  the  fact,  issue  writs  of  election  to  the  sheriffs 
of  the  several  counties  in  this  state  ;  or,  in  case  of  vacancy,  to  the  coroners,  for 
the  election  of  aU  the  officers,  the  time  of  whose  election  is  fixed  by  this  consti- 
tution, or  schedule  ;  and  it  shall  be  the  duty  of  said  sheriffs  or  coroners,  to  give 
at  least  twenty  days'  notice  of  the  time  and  place  of  said  election,  in  the  man- 
ner now  prescribed  by  law. 

15.  The  general  assembly  shall,  at  its  first  session  after  the  adoption  of  this 
constitution,  provide  by  law  for  the  mode  of  voting  by  ballot,  and  also  for  the 
manner  of  returning,  canvassing,  and  certifying  the  number  of  votes  cast  at  any 
election ;  and  until  said  law  shall  be  passed,  all  elections  shall  be  viva  voce,  and 
the  laws  now  in  force  regulating  elections  shaU  continue  in  force  until  the  gene- 
ral assembly  shall  provide  otherwise,  as  herein  directed. 

16.  That  the  first  general  election  of  governor,  secretary  of  state,  auditor,  trea- 
surer, and  members  of  the  general  assembly,  and  of  such  other  officers  as  are  to 
be  elected  at  the  same  time,  shall  be  held  on  the  first  Monday  of  August,  eigh- 
teen himdred  and  forty-eight,  anything  in  this  constitution  to  the  contrary  not- 
withstanding. Coimty  officers  then  elected  shall  hold  their  respective  offices, 
until  their  successors  are  elected  or  appointed,  in  conformity  with  laws  hereafter 
enacted. 

17.  That  returns  of  the  election  of  justices  of  the  supreme  and  judges  of  the 
circuit  courts,  secretary  of  state,  auditor,  and  treasurer,  shall  be  made  and  can- 
vassed, as  is  now  provided  by  law  for  representatives  in  congress  ;  and  returns 
for  members  of  the  general  assembly  and  county  officers  shall  be  made  and  can- 
vassed as  is  now  provided  by  law. 

18.  That  aU  laws  of  the  state  of  Illinois,  and  all  official  writings,  and  the  exe- 
cutive, legislative,  and  judicial  proceedings,  shall  be  conducted,  preserved,  and 
pubhshed  in  no  other  than  the  English  language. 

19.  On  the  first  Monday  in  December,  one  thousand  eight  hundred  and  forty- 
eight,  the  term  of  office  of  judges  of  the  supreme  court,  state's  attorneys,  and  of 
the  clerks  of  the  supreme  and  circuit  courts,  shall  expire  ;  and  on  the  said  day. 
the  term  of  office  of  the  judges,  state's  attorneys,  and  clerks  elected  under  the 
provisions  of  this  constitution,  shall  commence.  The  judges  of  the  supreme 
court,  elected  as  aforesaid,  shall  have  and  exercise  the  powers  and  jurisdiction 
conferred  upon  the  present  judges  of  that  court ;  and  the  said  judges  of  the  cir- 
cuit courts  shall  have  and  exercise  the  powers  and  jurisdictions  conferred  upon 
the  judges  of  those  courts,  subject  to  the  provisions  of  this  constitution. 

20.  On  the  first  Monday  of  December,  one  thousand  eight  hundred  and  forty- 
eight,  jurisdiction  of  all  suits  and  proceedings,  then  pending  in  the  present  su- 
preme court  shall  become  vested  in  the  supreme  court  established  by  this  consti- 
tution, and  shall  be  finally  adjudicated  bv  the  court  where  the  same  may  be 

33  ^  . 


444  CONSTITUTION    OF    ILLINOIS. 

pending.  The  jurisdiction  of  all  suits  and  proceedings  then  pending  in  circuit 
courts  of  the  several  counties  shall  be  vested  in  the  cu-cuit  courts  of  said  coun- 
ties. 

21.  The  Cook  and  Jo  Daviess  county  courts  shall  continue  to  exist,  and  the 
judge  and  other  officers  of  the  same  remain  in  office,  until  othei-wise  provided 
by  law. 

22.  Until  otherwise  provided  by  law,  the  terms  of  the  supreme  court  shall  be 
held  as  follows :  In  the  first  division,  on  the  first  Monday  of  December,  a.  d. 
1848,  and  annually  thereafter.  In  the  second  division,  on  the  third  Monday  of 
December,  a.  d.  1848,  and  annually  thereafter.  In  the  third  division,  on  the  first 
Monday  of  February  a.  d.  1849,  and  annually  thereafter.  The  sheriffs  of  Jeffer- 
son and  La  Salle  counties  shall  perform  the  same  duties,  and  receive  the  same 
compensation  as  is  required  and  provided  for  the  sheriff  of  Sangamon  county, 
until  otherwise  provided  by  law, 

23.  JS'othing  in  this  constitution  shall  prevent  the  general  assembly  fi-om  pas- 
sing such  laws  in  relation  to  the  apprenticeship  of  minors,  during  their  minority, 
as  may  be  necessary  and  proper. 

24.  That  the  general  assembly  shall  pass  all  laws  necessary  to  carry  into  ef- 
fect the  provisions  of  this  constitution. 

25.  Elections  of  judges  of  the  supreme  and  circuit  courts  shall  be  subject  to 
be  contested. 

26.  Contested  elections  of  judges  of  the  supreme  court  shall  be  tried  by  the 
senate,  and  of  judges  of  the  circuit  court  by  the  supreme  court,  and  the  gene- 
ral assembly  shall  prescribe  the  manner  of  proceeding  therein. 

Done  in  Convention,  at  the  Capitol,  in  the  city  of  Springfield,  on  the  thirty-first 
day  of  August,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  for- 
ty-seven, and  of  the  Independence  of  the  United  States  of  America,  the  se- 
venty-second. 

NEWTON  CLOUD,  President. 
Heney  "W".  Moore,  Secretary. 
Harman  G.  Reynolds,  Assistant  Secretary. 


MICHIGAN. 


Michigan  was  settled  by  the  French  as  early  as  1G50.  In  1763  it  was  ced- 
ed  to  England,  and  at  the  close  of  the  Revolutionary  War,  it  was  ceded  by  Great 
Britain  to  the  United  States,  though  they  held  possession  of  Detroit  till 
1796,  when  it  was  surrendered  to  the  United  States.  In  1805  a  territorial  gov- 
ernment was  formed.  The  British  gained  a  temporary  possession  of  this  ter- 
ritory in  1813-13,  but  it  was  soon  recovered  by  the  Americans,  under  Gen 
William  H.  Harrison.  In  1836  Michigan  became  a  State,  and  was  admitted 
mto  tlie  Union.     The  present  Constitution  was  adopted  in  1850. 

Area,  28,000  sq.m.     Pop.  in  1850,  397,654. 

CONSTITUTION. 

ARTICLE  I— Boundaries. 

The  State  of  Michigan  consists  of  and  has  jurisdiction  over  the 
territory  embraced  within  the  following  boundaries,  to  wit :  Com- 
mencing at  a  point  on  the  eastern  boundary  line  of  the  State  of  Indi- 
ana, where  a  direct  line  drawn  from  the  southern  extremity  of  Lake 
Michigan  to  the  most  northerly  cape  of  the  Maumee  Bay  shall  inter- 
sect the  same — said  point  being  the  north-west  corner  of  the  State  of- 
Ohio,  as  established  by  act  of  Congress,  entitled  "  an  act  to  establish 
the  northern  boundary  line  of  the  State  of  Ohio,  and  to  provide  for 
the  admission  of  the  State  of  Michigan  into  the  Union  upon  the  con- 
ditions therein  expressed,"  approved  June  fifteenth,  one  thousand 


446  CONSTITUTION    OF 


eight  hundred  and  thirty-six ;  thence  with  the  said  boundary  line  of 
the  State  of  Ohio  till  it  intersects  the  boundary  line  between  the 
United  States  and  Canada  in  Lake  Erie ;  thence  with  said  boundary 
line  between  the  United  States  and  Canada  through  the  Detroit  river, 
Lake  Huron  and  Lake  Superior,  to  a  point  where  the  said  line  last 
touches  Lake  Superior ;  thence  in  a  direct  line  through  Lake  Supe- 
rior to  the  mouth  of  the  Montreal  river ;  thence  through  the  middle 
of  the  main  channel  of  the  said  river  Montreal  to  the  head  waters 
thereof;  thence  in  a  direct  line  to  the  centre  of  the  channel  between 
Middle  and  South  Islands  in  the  Lake  of  the  Desert ;  thence  in  a 
direct  line  to  the  southern  shore  of  Lake  Brule  ;  thence  along  said 
southern  shore  and  down  the  river  Brule  to  the  main  channel  of  the 
Menominie  river ;  thence  down  the  centre  of  the  main  channel  of  the 
same  to  the  centre  of  the  most  usual  ship  channel  of  the  Green  Bay 
of  Lake  Michigan  ;  thence  through  the  centre  of  the  most  usual  ship 
channel  of  the  said  l^ay  to  the  middle  of  Lake  Michigan ;  thence  through 
the  middle  of  Lake  Michigan  to  the  northern  boundary  of  the  State 
of  Indiana,  as  that  line  was  established  by  the  act  of  Congress  of  the 
nineteenth  of  April,  eighteen  hundred  and  sixteen ;  thence  due  east 
with  the  north  boundary  line  of  the  said  State  of  Indiana  to  the  north- 
east corner  thereof;  and  thence  south  with  the  eastern  boundary 
line  of  Indiana  to  the  place  of  beginning. 

ARTICLE  ll.—Seat  of  Government. 

Sec.  1.  The  Seat  of  Government  shall  be  at  Lansing,  where  it  is 
now  established. 

ARTICLE  III. — Division  of  the  Powers  of  Government. 

Sec.  1.  The  powers  of  government  are  divided  into  three  depart- 
ments, the  Legislative,  Executive,  and  Judicial. 

2.  No  person  belonging  to  one  department  shall  exercise  the  powers 
properly  belonging  to  another,  except  in  the  cases  expressly  provided 
in  this  constitution. 

ARTICLE  IV. — Legislative  Department. 

Sec.  1.  The  legislative  power  is  vested  in  a  Senate  and  House  of 
Representatives. 

2.  The  Senate  shall  consist  of  thirty-two  members.  Senators 
shall  be  elected  for  two  years,  and  by  single  districts.  Such  districts 
shall  be  numbered  from  one  to  thirty -two  inclusive ;  each  of  which 
shall  choose  one  senator.  No  county  shall  be  divided  in  the  forma- 
tion of  senate  districts,  except  such  county  shall  be  equitably  entitled 
to  two  or  more  senators. 

3.  The  House  of  Representatives  shall  consist  of  not  less  than 
sixty-four,  nor  more  than  one  hundred  members.  Representatives 
shall  be  chosen  for  two  years,  and  by  single  districts.  Each  repre- 
sentative district  shall  contain,  as  nearly  as  may  be,  an  equal  num- 


MICHIGAN.  447 


ber  of  white  inhabitants,  and  civilized  persons  of  Indian  descent,  not 
members  of  any  tribe,  and  shall  consist  of  convenient  and  contigu- 
ous territory.  But  no  township  or  city  shall  be  divided  in  the  for- 
mation of  a  representative  district.  When  any  township  or  city 
shall  contain  a  population  which  entitles  it  to  more  than  one  repre- 
sentative, then  such  township  or  city  shall  elect  by  general  ticket 
the  number  of  representatives  to  which  it  is  entitled.  Each  county 
hereafter  organized,  with  such  territory  as  may  be  attached  thereto, 
shall  be  entitled  to  a  separate  representative  when  it  has  attained  a 
population  equal  to  a  moiety  of  the  ratio  of  representation.  In  every 
county  entitled  to  more  than  one  representative,  the  board  of  super- 
visors shall  assemble  at  such  time  and  place  as  the  Legislature  shall 
prescribe,  and  divide  the  same  into  representative  districts,  equal  to 
the  number  of  representatives  to  which  such  county  is  entitled  by 
law,  and  shall  cause  to  be  filed  in  the  offices  of  the  secretary  of  state 
and  clerk  of  such  county  a  description  of  such  representative  districts, 
specifying  the  number  of  each  district,  and  the  population  thereof, 
according  to  the  last  preceding  enumeration. 

4.  The  Legislature  shall  provide  by  law  for  an  enumeration  of  the 
inhabitants  in  the  year  eighteen  hundred  and  fifty -four,  and  every  ten 
years  thereafter ;  and  at  the  first  session  after  each  enumeration  so 
m,ade,  and  also  at  the  first  session  after  each  enumeration  by  the 
authority  of  the  United  States,  the  Legislature  shall  re-arrange  the 
senate  districts,  and  apportion  anew  the  representatives  among  the 
counties  and  districts,  according  to  the  number  of  white  inhabitants 
and  civilized  persons  of  Indian  descent,  not  members  of  any  tribe. 
Each  apportionment  and  the  division  into  representative  districts,  by 
any  board  of  supervisors,  shall  I'emain  unaltered  until  the  return  of 
another  enumeration. 

5.  Senators  and  representatives  shall  be  citizens  of  the  United 
States,  and  qualified  electors  in  the  respective  counties  and  districts 
which  they  represent.  A  removal  from  their  respective  counties  or 
districts  shall  be  deemed  a  vacation  of  their  office. 

6.  No  person  holding  any  office  under  the  United  States  [or  this 
state,]  or  any  county  office,  except  notaries  public,  officers  of  the 
militia  and  officers  elected  by  townships,  shall  be  eligible  to  or  have  a 
seat  in  either  house  of  the  Legislature,  and  all  votes  given  for  any 
such  person  shall  be  void. 

7.  Senators  and  representatives  shall,  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest.  They  shall 
not  be  subject  to  any  civil  process  during  the  session  of  the  Legisla- 
ture, or  for  fifteen  days  next  before  the  commencement  and  after  the 
termination  of  each  session.  They  shall  not  be  questioned  in  any 
other  place  for  any  speech  in  either  house. 

8.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  house  may  prescribe. 


448  CONSTITUTION    OF 


9.  Each  house  shall  choose  its  own  officers,  determine  the  rules  of 
its  proceedings,  and  judge  of  the  qualifications,  election  and  return 
of  its  members;  and  may,  with  the  concurrence  of  two-thirds  of  all 
the  members  elected,  expel  a  member.  No  member  shall  be  expelled 
a  second  time  for  the  same  cause,  nor  for  any  cause  known  to  his 
constituents  antecedent  to  his  election.  The  reason  for  such  expul- 
sion shall  be  entered  upon  the  journal,  with  the  names  of  the  mem- 
bers voting  on  the  question. 

10.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub 
lish  the  same,  except  such  parts  as  may  require  secrecy.  The  yeas 
and  nays  of  the  members  of  either  house,  on  any  question,  shall  be 
entered  on  the  journal  at  the  request  of  one-fifth  of  the  members 
elected.  Any  member  of  either  house  may  dissent  from  and  protest 
against  any  act,  proceeding  or  resolution  which  he  may  deem  inju- 
rious to  any  person  or  the  public,  and  have  the  reason  of  his  dissent 
entered  on  the  journal. 

11.  In  all  elections  by  either  house  or  in  joint  convention  the  votes 
shall  be  given  viva  voce.  All  votes  on  nominations  to  the  Senate 
shall  be  taken  by  yeas  and  nays,  and  published  with  the  journal  of 
its  proceedings. 

12.  The  doors  of  each  house  shall  be  open,  unless  the  public  wel- 
fare require  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other,  place  than 
where  the  Legislature  may  then  be  in  session. 

13.  Bills  may  originate  in  either  house  of  the  Legislature. 

14.  Every  bill  and  concurrent  resolution,  except  of  adjournment, 
passed  by  the  Legislature,  shall  be  presented  to  the  governor  before 
it  becomes  a  law.  If  he  approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it  with  his  objections  to  the  house  in  which  it  originated, 
which  shall  enter  the  objections  at  large  upon  their  journal,  and 
reconsider  it.  On  such  reconsideration,  if  two-thirds  of  the  members 
elected  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 
the  other  house,  by  which  it  shall  be  reconsidered.  If  approved  by 
two-thirds  of  the  members  elected  to  that  house,  it  shall  become  a 
law.  In  such  case,  the  vote  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on  the  journals  of  each  house  respec- 
tively. If  any  bill  be  not  returned  by  the  governor  within  ten  days, 
Sundays  excepted,  after  it  has  been  presented  to  him,  the  same 
shall  become  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Legislature,  by  their  adjournment,  prevent  its  return;  in  which 
case  it  shall  not  become  a  law.  The  governor  may  approve, 
sign,  and  file  in  the  office  of  the  secretary  of  state,  within  five 
days  after  the  adjournment  of  the  Legislature,  any  act  passed  during 
the  last  five  days  of  the  session ;  and  the  same  shall  become  a  law. 

15.  The  compensation  of  the  members  of  the  Legislature  shall  be 
three  dollars  a  day  for  actual  attendance  and  when  absent  on  account 
of  sickness,  for  the  first  sixty  days  of  the  session  of  the  year  one 


MICHIGAN.  449 


thousand  eight  hundred  and  fifty-one,  and  for  the  first  forty  days  of 
every  subsequent  session,  and  nothing  thereafter.  When  convened 
in  extra  session  their  compensation  shall  be  three  dollars  a  day  for 
the  first  twenty  days,  and  nothing  thereafter  ;  and  they  shall  legis- 
late on-  no  other  subjects  than  those  expressly  stated  in  the  gover- 
nor's proclamation,  or  submitted  to  them  by  special  message.  They 
shall  be  entitled  to  ten  cents  and  no  more  for  every  mile  actually 
travelled,  going  to  and  returning  from  the  place  of  meeting,  on  the 
usually  travelled  route;  and  for  stationery  and  newspapers  not 
exceeding  five  dollars  for  each  member  during  any  session.  Each 
member  shall  be  entitled  to  one  copy  of  the  laws,  journals  and 
documents  of  the  Legislature  of  which  he  was  a  member;  but 
shall  not  receive  at  the  expense  of  the  State,  books,  newspapers,  or 
other  perquisites  of  office,  not  expressly  authorized  by  this  consti- 
tution, 

16.  The  Legislature  may  provide  by  law  for  the  payment  of 
postage  on  all  mailable  matter  received  by  its  members  and  officers 
during  the  sessions  of  the  Legislature,  but  not  on  any  sent  or  mailed 
by  them. 

17.  The  President  of  the  Senate  and  the  Speaker  of  the  House  of 
Representatives  shall  be  entitled  to  the  same  per  diem  compensation 
and  mileage  as  members  of  the  Legislature,  and  no  more. 

18.  Ko  person  elected  a  member  of  the  Legislature  shall  receive 
any  civil  appointment  within  this  State,  or  to  the  Senate  of  the 
United  States,  from  the  Governor,  the  Governor  and  Senate,  from 
the  Legislature,  or  any  other  State  authority,  during  the  term  for 
which  he  is  elected.  All  such  appointments  and  all  votes  given  for 
any  person  so  elected  for  any  such  office  or  appointment,  shall  be  void. 
No  member  of  the  Legislature  shall  be  interested,  directly  or  indi- 
rectly, in  any  contract  with  the  State,  or  any  county  thereof,  autho- 
rized by  any  law  passed,  during  the  time  for  which  he  is  elected,  nor 
for  one  year  thereafter. 

19.  Every  bill  and  joint  resolution  shall  be  read  three  times  in 
each  house,  before  the  final  passage  thereof.  No  bill  or  joint  reso- 
lution shall  become  a  law  without  the  concurrence  of  a  majority  of 
all  the  members  elected  to  each  house.  On  the  final  passage  of 
all  bills,  the  vote  shall  be  by  ayes  and  nays,  and  entered  on  the 
journal. 

20.  No  law  shall  embrace  more  than  one  object,  which  shall  be 
expressed  in  its  title.  No  public  act  shall  take  eflfect  or  be  in  force 
until  the  expiration  of  ninety  days  from  the  end  of  the  session  at 
which  the  same  is  passed,  unless  the  Legislature  shall  otherwise  direct, 
by  a  two-thirds  vote  of  the  members  elected  to  each  house. 

21.  The  Legislature  shall  not  grant  nor  authorize  extra  conpensa- 
tion  to  any  public  officer,  agent  or  contractor,  after  the  service  has 
been  rendered  or  the  contract  entered  into. 

22.  The  Legislature  shall  provide  by  law  that  the  furnishing  of 
fuel  and  stationery  for  the  use  of  the  State,  the  printing  and  binding 


450  CONSTITUTION    OF 


the  laws  and  journals,  all  blanks,  paper  and  printing  for  the  execu- 
tive departments,  and  all  other  printing  ordered  by  the  Legislature, 
shall  be  let  by  contract  to  the  lowest  bidder  or  bidders,  who  shall 
give  adequate  and  satisfactory  security  for  the  performance  thereof. 
The  Legislature  shall  prescribe  by  law  the  manner  in  which  the 
State  printing  shall  be  executed,  and  the  accounts  rendered  therefor ; 
and  shall  prohibit  all  charges  for  constructive  labor.  They  shall  not 
rescind  nor  alter  such  contract,  nor  release  the  person  nor  persons 
taking  the  same,  or  his  or  their  sureties,  from  the  performance  of  any 
of  the  conditions  of  the  contract.  No  member  of  the  Legislature, 
nor  officer  of  the  State,  shall  be  interested  directly  or  indirectly  in 
any  such  contract. 

23.  The  Legislature  shall  not  authorize,  by  private  or  special  law, 
the  sale  or  conveyance  of  any  real  estate  belonging  to  any  person ; 
nor  vacate,  nor  alter  any  road  laid  out  by  commissioners  of  high- 
ways, or  any  street  in  any  city  or  village,  or  in  any  recorded  town 
plat. 

24.  The  Legislature  may  authorize  the  employment  of  a  chaplain 
for  the  State  prison ;  but  no  money  shall  be  appropriated  for  the 
payment  of  any  religious  services  in  either  house  of  the  Legis- 
lature. 

25.  No  law  shall  be  revised,  altered  or  amended  by  reference  to 
its  title  only  ;  but  the  act  revised,  and  the  section  or  sections  "of  the 

•act  altered  or  amended,  shall  be  re-enacted  and  published  at  length. 

26.  Divorces  shall  not  be  granted  by  the  Legislature. 

27.  The  Legislature  shall  not  authorize  any  lottery,  nor  permit 
the  sale  of  lottery  tickets. 

'28.  No  new  bill  shall  be  introduced  into  either  house  during  the 
last  three  days  of  the  session,  without  the  unanimous  consent  of  the 
house  in  which  it  originates. 

29.  In  case  of  a  contested  election,  the  person  only  shall  receive 
from  the  State  per  diem  compensation  and  mileage,  who  is  declared 
to  be  entitled  to  a  seat  by  the  house  in  which  the  contest  takes 
place. 

30.  No  collector,  holder,  nor  disburser  of  public  moneys,  shall 
have  a  seat  in  the  Legislature,  or  be  eligible  to  any  office  of  trust  or 
profit  under  this  State,  until  he  shall  have  accounted  for  and  paid 
over,  as  provided  by  law,  all  sums  for  which  he  may  be  liable. 

3L  The  Legislature  shall  not  audit  nor  allow  any  private  claim 
or  account. 

32.  The  Legislature,  on  the  day  of  final  adjournment,  shall  adjourn 
at  twelve  o'clock  at  noon. 

33.  The  Legislature  shall  meet  at  the  seat  of  government  on  the 
first  Wednesday  in  February  next,  and  on  the  first  Wednesday  in 
January  of  every  second  year  thereafter,  and  at  no  other  place  or 
time,  unless  as  provided  in  this  constitution. 

34.  The  election  of  senators  and  representatives,  j)ursuant  to  the 
provisions  of  this  constitution,  shall  be  held  on  the  Tuesday  succeed- 


MICHIGAN.  451 


ing  the  first  Monday  of  November,  in*  the  year  one  thousand  eight 
hundred  and  fifty-two,  and  on  the  Tuesday  succeeding  t^e  first  Mon- 
day of  November  of  every  second  year  thereafter. 

35.  The  Legislature  shall  not  establish  a  State  paper.  Every 
newspaper  in  the  State  which  shall  publish  all  the  general  laws  of 
any  session  within  forty  days  of  their .  passage,  shall  be  entitled  to 
receive  a  sum  not  exceeding  fifteen  dollars  therefor. 

36.  The  Legislature  shall  provide  for  the  speedy  publication  of  all 
statute  laws  of  a  public  nature,  and  of  such  judicial  decisions  as  it 
may  deem  expedient.  All  laws  and  judicial  decisions  shall  be  free 
for  publication  by  any  person. 

.37.  The  Legislature  may  declare  the  cases  in  which  any  oflSce 
shall  be  deemed  vacant,  and  also  the  manner  of  filling  the  vacancy, 
where  no  provision  is  made  for  that  purpose  in  this  constitution. 

38.  The  Legislature  may  confer  upon  organized  townships,  incor- 
porated cities  and  villages,  and  upon  the  board  of  supervisors  of  the 
several  counties,  such  powers  of  a  local,  legislative  and  administra- 
tive character  as  they  may  deem  proper. 

39.  The  Legislature  shall  pass  no  law  to  prevent  any  person  from 
worshipping  Almighty  God  according  to  the  dictates  of  his  own  con- 
science, or  to  compel  any  person  to  attend,  erect,  or  support  any 
place  of  religious  worship,  or  to  pay  tithes,  taxes,  or  other  rates  for 
the  support  of  any  minister  of  the  gospel  or  teacher  of  religion. 

40.  No  money  shall  be  appropriated  or  drawn  from  the  treasury 
for  the  benefit  of  any  religious  sect  or  society,  theological  or  religious 
seminary,  nor  shall  property  belonging  to  the  State  be  appropriated 
for  any  such  purposes. 

4L  The  Legislature  shall  not  diminish  or  enlarge  the  civil  or  poli- 
tical rights,  privileges  and  capacities  of  any  person  on  account  of  his 
opinion  or  belief  concerning  matters  of  religion. 

42.  No  law  shall  ever  be  pasi>ed  to  restrain  or  abridge  the  liberty 
of  speech  or  of  the  press ;  but  every  person  may  freely  speak,  write 
and  publish  his  sentiments  on  all  subjects,  being  responsible  for  the 
abuse  of  such  right. 

43.  The  Legislature  shall  pass  no  bill  of  attainder,  ex-post  facto 
law,  or  law  impairing  the  obligation  of  contracts. 

44.  The  privilege  of  the  writ  of  habeas  corpus  remains,  and  shall 
not  be  suspended  by  the  Legislature,  except  in  case  of  rebellion  or 
invasion  the  public  safety  require  it. 

45.  The  assent  of  two-thirds  of  the  members  elected  to  each  house 
of  the  Legislature  shall  be  requisite  to  every  bill  appropriating  the 
public  money  Or  property  for  local  or  private  purposes. 

46.  The  Legislature  may  authorize  a  trial  by  a  jury  of  a  less  num- 
ber than  twelve  men. 

47.  The  Legislature  shall  not  pass  any  act  authorizing  the  grant 
of  license  for  the  sale  of  ardent  spirits  or  other  intoxicating  liquors. 

48.  The  style  of  the  laws  shall  be,  "  The  People  of  the  State  of 
Michigan  enact." 


452  CONSTITUTION    OF 


ARTICLE  V. — Executive  Department. 

Sec.  1.  The  Executive  power  is  vested  in  a  governor,  who  shall 
hold  his  office  for  two  years.  A  lieutenant  governor  shall  be  chosen 
for  the  same  term. 

2.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieutenant 
governor  who  has  not  been  five  years  a  citizen  of  the  United  States, 
and  a  resident  of  this  State  two  years  next  preceding  his  election ; 
nor  shall  any  person  be  eligible  to  either  office  who  has  not  attained 
the  age  of  thirty  years. 

3.  The  governor  and  lieutenant  governor  shall  be  elected  at  the 
times  and  places  of  choosing  the  members  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  for  governor  or  lieutenant 
governor  shall  be  elected.  In  case  two  or  more  persons  shall  have 
an  equal  and  the  highest  number  of  votes  for  governor  or  lieutenant 
governor,  the  Legislature  shall,  by  joint  vote,  choose  one  of  such 
persons. 

4.  The  governor  shall  be  commander-in-chief  of  the  military  and 
naval  forces,  and  may  call  out  such  forces  to  execute  the  laws,  to 
suppress  insurrections  and  to  repel  invasions. 

5.  He  shall  transact  all  necessary  business  with  officers  of  govern- 
ment, and  may  require  information,  in  writing,  from  the  officers  of 
the  Executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

6.  He  shall  take  care  that  the  laws  be  'faithfully  executed. 

7.  He  may  convene  the  Legislature  on  extraordinary  occasions. 

8.  He  shall  give  to  the  Legislature,  and  at  the  close  of  his  official 
term  to  the  next  Legislature,  information  by  message  of  the  condi- 
tion of  the  State,  and  recommend  such  measures  to  them  as  he  shall 
deem  expedient. 

9.  He  may  convene  the  Legislature  at  some  other  place  when  the 
seat  of  government  becomes  dangerous  from  disease  or  a  common 
enemy. 

10.  He  shall  issue  writs  of  election  to  fill  such  vacancies  as  occur 
in  the  Senate  or  House  of  Representatives. 

11.  He  may  grant  reprieves,  commutations  and  pardons  after  con- 
victions, for  all  offences  except  treason  and  cases  of  impeachment, 
upon  such  conditions,  and  with  such  restrictions  and  limitations,  as 
he  may  think  proper,  subject  to  regulations  provided  by  law,  relative 
to  the  manner  of  applying  for  pardons.  Upon  conviction  for  treason, 
he  may  suspend  the  execution  of  the  sentence  until  the  case  shall  be 
reported  to  the  Legislature  at  its  next  session,  when  the  Legislature 
shall  either  pardon,  or  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He  shall  communicate  to 
the  Legislature  at  each  session  information  of  each  case  of  reprieve, 
commutation  or  pardon  granted,  and  the  reasons  therefor. 

12.  In  case  of  the  impeachment  of  the  governor,  his  removal  from 
office,  death,  inability,  resignation,  or  absence  from  the  State,  the 


MICHIGAN.  453 


powers  and  duties  of  the  office  shall  devolve  upon  the  lieutenant 
governor  for  the  residue  of  the  term,  or  until  the  disability  ceases. 
When  the  governor  shall  be  out  of  the  State  in  time  of  war,  at  the 
head  of  a  military  force  thereof,  he  ^hall  continue  commander-in- 
chief  of  all  the  military  force  of  the  State. 

13.  During  a  vacancy  in  the  office  of  governor,  if  the  lieutenant 
governor  die,  resign,  be  impeached,  displaced,  be  incapable  of  per- 
forming the  duties  of  his  office,  or  absent  from  the  State,  the  presi- 
dent 'pro  tempore  of  the  Senate  shall  act  as  governor  until  the  vacancy 
be  filled,  or  the  disability  cease. 

14.  The  lieutenant  governor  shall,  by  virtue  of  his  office,  be  presi- 
dent of  the  Senate.  In  committee  of  the  whole  he  may  debate  all 
questions ;  and  when  there  is  an  equal  division,  he  shall  give  the 
casting  vote. 

15.  No  member  of  Congress,  nor  any  .person  holding  office 
under  the  United  States,  or  this  State,  shall  execute  the  office  of 
governor. 

16.  No  person  elected  governor  or  lieutenant  governor  shall  be 
eligible  to  any  office  or  appointment  from  the  Legislature,  or  either 
house  thereof,  during  the  time  for  which  he  was  elected.  All  votes 
for  either  of  them,  for  any  such  office,  shall  be  void. 

17.  The  lieutenant  [governor]  and  president  of  the  Senate  pro  tern- 
pore,  when  performing  the  duties  of  governor,  shall  receive  the  same 
compensation  as  the  governor. 

18.  All  official  acts  of  the  governor,  his  approval  of  the  laws 
excepted,  shall  be  authenticated  by  the  Great  Seal  of'  the  State,  which 
shall  be  kept  by  the  secretary  of  state. 

19.  All  commissions  issued  to  persons  holding  office  under  the 
provisions  of  this  constitution,  shall  be  in  the  name  and  by  the 
authority  of  the  people  of  the  State  of  Michigan,  sealed  with  the 
Great  Seal  of  the  State,  signed  by  the  governor,  and  countersigned 
by  the  secretary  of  state. 

ARTICLE  VI. — Judicial  Department. 

Sec.  1.  The  judicial  power  is  vested  in  one  supreme  court,  in  circuit 
courts,  in  probate  courts,  and  in  justices  of  the  peace.  Municipal 
courts  of  civil  and  criminal  jurisdiction  may  be  established  by  the 
Legislature  in  cities. 

2.  For  the  term  of  six  years,  and  thereafter,  until  the  Legislature 
otherwise  provide,  the  judges  of  the  several  circuit  courts  shall  be 
judges  of  the  supreme  court,  four  of  whom  shall  constitute  a  quorum. 
A  concurrence  of  three  shall  be  necessary  to  a  final  decision.  After 
six  years  the  Legislature  may  provide  by  law  for  the  organization  of 
a  supreme  court,  with  the  jurisdiction  and  powers  prescribed  in  this 
constitution,  to  consist  of  one  chief  justice  and  three  associate  justices, 
to  be  chosen  by  the  electors  of  the  State.  Such  supreme  court,  when 
so  organized,  shall  not  be  changed  or  discontinued  by  the  Legislature 
for  eight  years  thereafter.     The  judges  thereof  shall  be  so  classified 


454  CONSTITUTION    OP 


that  but  one  of  them  shall  go  out  of  office  at  the  same  time.     Their 
term  of  office  shall  be  eight  years. 

3.  The  supreme  court  shall  have  a  general  superintending  control 
over  all  inferior  courts,  and  shall  have  power  to  issue  writs  of  error, 
habeas  corpus,  mandamus,  quo  warranto,  procedendo,  and  other 
original  and  remedial  writs,  and  to  hear  and  determine  the  same.  In 
all  other  cases  it  shall  have  appellate  jurisdiction  only. 

4.  Four  terms  of  the  supreme  court  shall  be  held  annually,  at  such 
times  and  places  as  may  be  designated  by  law. 

5.  The  supreme  court  shall,  by  general- rules,  establish,  modify  and 
amend  the  practice  in  such  court  and  in  the  circuit  courts,  and  sim- 
plify the  same.  The  Legislature  shall,  as  far  as  practicable,  abolish 
distinctions  between  law  and  equity  proceedings.  The  office  .of  mas- 
ter in  chancery  is  prohibited. 

6.  The  State  shall  be  divided  into  eight  judicial  circuits ;  in  each 
of  which  the  electors  thereof  shall  elect  one  circuit  judge,  who  shall 
hold  his  office  for  the  term  of  six  years,  and  until  his  successor  is 
elected  and  qualified. 

7.  The  Legislature  may  alter  the  limits  of  circuits,  or  increase  the 
number  of  the  same.  No  alteration  or  increase  shall  have  the  effect 
to  remove  a  judge  from  office.  In  every  additional  circuit  established 
the  judge  shall  be  elected  by  the  electors  of  such  circuit,  and  his  term 
of  office  shall  continue  as  provided  in  this  constitution  for  judges  of 
the  circuit  court. 

8.  The  circuit  courts  shall  have  original  jurisdiction  in  all  matters 
civil  and  criminal,  not  excepted  in  this  constitution,  and  not  pro- 
hibited by  law ;  and  appellate  jurisdiction  from  all  inferior  courts 
and  tribunals,  and  a  supervisory  control  of  the  same.  They  shall 
also  have  power  to  issue  writs  of  habeas  corpus,  mandamus,  injunc- 
tion, quo  warranto,  certiorari,  and  other  writs  necessary  to  carry  into 
effect  their  orders,  judgments  and  decrees,  and  give  them  a  general 
control  over  inferior  courts  and  tribunals  within  their  respective  juris- 
dictions. 

9.  Each  of  the  judges  of  the  circuit  courts  shall  receive  a  salary 
payable  quarterly.  They  shall  be  ineligible  to  any  other  than  a 
judicial  office  during  the  term  for  which  they  are  elected,  and  for  one 
year  thereafter.  All  votes  for  any  person  elected  such  judge  for  any 
office  other  than  judicial,  given  either  by  the  Legislature  or  the 
people,  shall  be  void. 

10.  The  supreme  court  may  appoint  a  reporter  of  its  decisions. 
The  decisions  of  the  supreme  court  shall  be  in  writing,  and  signed 
by  the  judges  concurring  therein.  Any  judge  dissenting  therefrom, 
shall  give  the  reasons  of  such  dissent  in  writing,  under  his  signa- 
ture. All  such  opinions  shall  be  filed  in  the  office  of  the  clerk  of  the 
supreme  court.  The  judges  of  the  circuit  court,  within  their  respec- 
tive jurisdictions,  may  fill  vacancies  in  the  office  of  county  clerk 
and  of  prosecuting  attorney ;  but  no  judge  of  the  supreme  court,  or 


MICHIGAN.  455 


circuit  court,  shall  exercise  any  other  power  of  appointment  to  public 
office. 

11.  A  circuit  court  shall  be  held  at  least  twice  in  each  year  in 
every  county  organized  for  judicial  purposes,  and  four  times  in  each 
year  in  counties  containing  ten  thousand  inhabitants.  Judges  of  the 
circuit  court  may  hold  courts  for  each  other,  and  shall  do  so  when 
required  by  law. 

12.  The  clerk  of  each  county  organized  for  judicial  purposes  shall 
be  the  clerk  of  the  circuit  court  of  such  county,  and  of  the  supreme 
court  when  held  within  the  same. 

13.  In  each  of  the  counties  organized  for  judicial  purposes,  there 
shall  be  a  court  of  probate.  The  judge  of  such  court  shall  be  elected 
by  the  electors  of  the  county  in  which  he  resides,  and  shall  hold  his 
office  for  four  years,  and  until'  his  successor  is  elected  and  qualified. 
The  jurisdiction,  powers  and  duties  of  such  court,  shall  be  prescribed 
by  law. 

14.  When  a  vacancy  occurs  in  the  office  of  judge  of  the  supreme, 
circuit  or  probate  court,  it  shall  be  filled  by  appointment  of  the 
governor,  which  shall  continue  until  a  successor  is  elected  and  quali- 
fied. When  elected,  such  successor  shall  hold  his  office  the  residue 
of  the  unexpired  term. 

15.  The  supreme  court,  the  circuit  and  probate  courts  of  each 
county,  shall  be  courts  of  record,  and  shall  each  have  a  common  seal. 

16.  The  Legislature  may  provide  by  law  for  the  election  of  one 
or  more  persons  in  each  organized  county,  who  may  be  vested  with 
judicial  powers,  not  exceeding  those  of  a  judge  of  the  circuit  court 
at  chambers. 

17.  There  shall  be  not  exceeding  four  justices  of  the  peace  in 
each  organized  township.  They  shall  be  elected  by  the  electors  of 
the  townships,  and  shall  hold  their  offices  for  four  years,  and  until 
their  successors  are  elected  and  qualified.  At  the  first  election  in  any 
township,  they  shall  be  classified  as  shall  be  prescribed  by  law.  A 
justice  elected  to  fill  a  vacancy  shall  hold  his  office  for  the  residue  of 
the  unexpired  term.  The  Legislature  may  increase  the  number  of 
justices  in  cities, 

18.  In  civil  cases  justices  of^the  peace  shall  have  exclusive  juris- 
diction to  the  amount  of  one  hundred  dollars,  and  concurrent  juris- 
diction to  the  amount  of  three  hundred  dollars,  which  may  be 
increased  to  five  hundred  dollars,  with  such  exceptions  and  restric- 
tions as  may  be  provided  by  law.  They  shall  also  have  such  crim- 
inal jurisdiction  and  perform  such  duties  as  shall  be  prescribed  by  the 
Legislature. 

19.  Judges  Qf  the  supreme  court,  circuit  judges,  and  justices  of 
the  peace,  shall  be  conservators  of  the  peace  within  their  respective 
jurisdictions. 

20.  The  first  election  of  judges  of  the  circuit  courts  shall  be  held 
on  the  first  Monday  in  April,  one  thousand  eight  hundred  and  fifty- 
one,  and  every  sixth  year  thereafter.     Whenever  an  additional  circuit 


45§  CONSTITUTION    OF 


is  created,  provision  shall  be  made  to  hold  the  subsequent  election 
of  such  additional  judges  at  the  regular  elections  herein  provided. 

21.  The  first  election  of  judges  of  the  probate  courts  shall  be 
held  on  the  Tuesday  succeeding  the  first  Monday  of  November,  one 
thousand  eight  hundred  and  fifty -two,  and  every  fourth  year  there- 
after. 

22.  Whenever  a  judge  shall  remove  beyond  the  limits  of  the  juris- 
diction for  which  he  was  elected,  or  a  justice  of  the  peace  from  the 
township  in  which  he  was  elected,  or  by  a  change  in  the  boundaries 
of'  such  township  shall  be  placed  without  the  same,  they  shall  be 
deemed  to  have  vacated  their  respective  offices. 

23.  The  Legislature  may  establish  courts  of  conciliation,  with  such 
powers  and  duties  as  shall  be  prescribed  by  law. 

24.  Any  suitor  in  any  court  of  this  State  shall  have  the  right  to 
prosecute  or  defend  his  suit,  either  in  his  own  proper  person,  or  by 
an  attorney  or  agent  of  his  choice. 

25.  In  all  prosecutions  for  libels,  the  truth  may  be  given  in  evi- 
dence to  the  jury  ;  and  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libellous  is  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted.  The  jury  shall 
Have  the  right  to  determine  the  law  and  the  fact. 

26.  The  person,  houses,  papers,  and  possessions  of  every  person 
shall  be  secure  from  unreasonable  searches  and  seizures.  No  war- 
rant to  search  any  place,  or  to  seize  any  person  or  things,  shall  issue 
without  describing  them,  nor  without  probable  cause,  supported  by 
oath  or  affirmation. 

27.  The  right  of  trial  by  jury  shall  remain,  but  shall  be  deemed 
to  be  waived  in  all  civil  cases  unless  demanded  by  one  of  the  parties, 
in  such  manner  as  shall  be  prescribed  by  law. 

28.  In  every  criminal  prosecution,  the  accused  shall  have  the 
right  to  a  speedy  and  public  trial  by  an  impartial  jury,  which  may 
consist  of  less  than  twelve  men  in  all  courts  not  of  record ;  to  be 
informed  of  the  nature  of  the  accusation;  to  be  confronted  with 
the  witnesses  against  him  ;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor,  and  have  the  assistance  of  counsel  for  his 
defence. 

29.  No  person,  after  acquittal  upon  the  merits,  shall  be  tried  for 
the  same  offence ;  all  persons  shall,  before  conviction,  be  bailable  by 
sufficient  sureties,  except  for  murder  and  treason,  when  the  proof  is 
evident  or  the  presumption  great. 

30.  Treason  against  the  State  shall  consist  only  in  levying  war 
against,  or  in  adhering  to  its  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless  upon  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

31.  Excessive  bail  shall  not  be  required  ;  excessive  fines  shall  not 
be  imposed  ;  cruel  or  unusual  punishment  shall  not  be  inflicted,  nor 
shall  witnesses  be  unreasonably  detained. 


MICHIGAN.  a456 


32.  No  person  shall  be  compelled,  in  any  criminal  case,  to  be  a 
witness  against  himself,  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law. 

33.  No  person  shall  be  imprisoned  for  debt  arising  out  of,  or 
founded  on  a  contract,  express  or  implied,  except  in  cases  of  fraud  or 
breach  of  trust,  or  of  moneys  collected  by  public  officers  or  in  any 
professional  employment.  No  person  shall  be  imprisoned  for  a 
militia  fine  in  time  of  peace. 

34.  No  person  shall  be  rendered  incompetent  to  be  a  witness  on 
account  of  his  opinions  on  matters  of  religious  belief 

35.  The  style  of  all  process  shall  be,  "  In  the  name  of  the  people 
of  the  State  of  Michigan." 

ARTICLE  NIL— Elections. 

Sec.  1.  In  all  elections,  every  white  male  citizen,  every  white 
male  inhabitant  residing  in  the  State  on  the  twenty-fourth  day  of 
June,  one  thousand  eight  hundred  and  thirty-five ;  every  white  male 
inhabitant  residing  in  this  State  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty,  who  has  declared  his  intention  to 
become  a  citizen  of  the  United  States,  pursuant  to  the  laws  thereof, 
six  months  preceding  an  election,  or  who  has  resided  in  this  State 
two  years  and  six  months,  and  declared  his  intention  as  aforesaid ; 
and  every  civilized  male  inhabitant  of  Indian  descent,  a  native  of  the 
United  States  and  not  a  member  of  any  tribe,  shall  be  an  elector 
and  entitled  to  vote ;  but  no  citizen  or  inhabitant  shall  be  an  elector, 
or  entitled  to  vote  at  any  election,  unless  he  shall  be  above  the  age 
of  twenty-one  years;  and  has  resided  in  this  State  three  months,  and 
in  the  township  or  ward  in  which  he  offers  to  vote,  ten  days  next 
preceding  such  election. 

2.  All  votes  shall  be  giv^en  by  ballot,  except  for  such  township 
officers  as  may  be  authorized  by  law  to  be  otherwise  chosen. 

3.  Every  elector,  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  shall  be  privileged  from  arrest  during  his  attendance  at 
election,  and  in  going  to  and  returning  from  the  same. 

4.  No  elector  shall  be  obliged  to  do  militia  duty  on  the  day  of 
election,  except  in  time  of  war  or  public  danger,  or  attend  court  as 
a  suitor  or  witness. 

5.  No  elector  shall  be  deemed  to  have  gained  or  lost  a  residence 
by  reason  of  his  being  employed  in  the  service  of  the  United  States, 
or  of  this  State  ;  nor  while  engaged  in  the  navigation  of  the  waters 
of  this  State  or  of  the  United  States,  or  of  the  high  seas  ;  nor  while 
a  student  of  any  seminary  of  learning  ;  nor  while  kept  at  any  alms- 
house or  other  asylum  at  public  expense ;  nor  while  confined  in  any 
public  prison. 

6.  Laws  may  be  passed  to  preserve  the  purity  of  elections,  and 
guard  against  abuses  of  the  elective  franchise. 

7.  No  soldier,  seaman,  nor  marine,  in  the  army  or  navy  of  the 
United  States,   shall  be  deemed  a  resident  of  this  State  in  conse- 


54:6b 


CONSTITUTION    OF 


quence  of  being  stationed  in  'any  military  or  naval  place  within  the 
same. 

8.  Any  inhabitant  who  may  hereafter  be  engaged  in  a  duel,  either 
as  principal  or  accessory  before  the  fact,  shall  be  disqualified  from 
holding  any  office  under  the  constitution  and  laws  of  this  State,  and 
shall  not  be  permitted  to  vote  at  any  election. 

ARTICLE  YlllState  Officers. 

Sec.  1.  There  shall  be  elected  at  each  general  biennial  election  a 
secretary  of  state,  a  superintendent  of  public  instruction,  a  state  trea- 
surer, a  commissioner  of  the  land  office,  an  auditor-general,  and  an 
attorney-general,  for  the  term  of  two  years.  They  shall  keep  their 
offices  at  the.  seat  of  government,  and  shall  perform  such  duties  as 
may  be  prescribed  by  law. 

2.  Their  term  of  office  shall  commence  on  the  first  day  of  January, 
one  thousand  eight  hundred  and  fifty-three,  and  of  every  second  year 
therea^fter. 

3.  Whenever  a  vacancy  shall  occur  in  any  of  the  State  offices,  the 
governor  shall  fill  the  same  by  appointment,  by  and  with  the  advice 
and  consent  of  the  Senate,  if  in  session. 

4.  The  secretary  of  state,  starte  treasurer,  and  commissioner  of  the 
state  land  office  shall  constitute  a  board  of  state  auditors  to  examine 
and  adjust  all  claims  against  the  State,  not  otherwise  provided  for 
by  general  law.  They  shall  constitute  a  board  of  state  canvassers 
to  determine  the  result  of  all  elections  for  governor,  lieutenant  gov- 
ernor, and  state  officers,  and  of  such  other  officers  as  shall  by  law  be 
referred  to  them. 

5.  In  case  two  or  more  persons  have  an  equal  and  the  highest 
number  of  votes  for  any  office,  as  canvassed  by  the  board  of  state 
canvassers,  the  Legislature,  in  joint  convention,  shall  choose  one  of 
said  persons  to  fill  such  office.  When  the  determination  of  the  board 
of  state  canvassers  is  contested,  the  Legislature,  in  joint  convention, 
shall  decide  which  person  is  elected. 

ARTICLE  lX.—Salaries. 

Sec.  I.  The  governor  shall  receive  an  annual  salary  of  one  thou- 
sand dollars  ;  the  judges  of  the  circuit  court  shall  each  receive  an 
annual  salary  of  one  thousand  five  hundred  dollars  ;  the  state  trea- 
surer shall  receive  an  annual  salary  of  one  thousand  dollars  ;  the 
auditor-general  shall  receive  an  annual  salary  of  one  thousand  dollars ; 
the  superintendent  of  public  instruction  shall  receive  an  annual  salary 
of  one  thousand  dollars  ;  the  secretary  of  state  shall  receive  an 
annual  salary  of  eight  hundred  dollars ;  the  commissioner  of  the  land 
office  shall  receive  an  annual  salary  of  eight  hundred  dollars ;  the 
attorney-general  shall  receive  an  annual  salary  of  eight  hundred 
dollars.  They  shall  receive  no  fees  or  perquisites  whatever,  for 
the  performance  of  any  duties  connected  with  their  offices.     It  shall 


MICHIGAN.  C4:56 


not  be  competent  for  the  Legislature  to  increase  the  salaries  herein 
provided. 

ARTICLE  ^.—Counties. 

Sec.  1.  Each  organized  county  shall  be  a  body  corporate,  with 
such  powers  and  immunities  as  shall  be  established  by  law.  All 
suits  and  proceedings,  by  or  against  a  county,  shall  be  in  the  name 
thereof. 

2.  No  organized  county  shall  ever  be  reduced  by  the  organization 
of  new  counties  to  less  than  sixteen  townships,  as  surveyed  by  the 
United  States,  unless  in  pursuance  of  law,  a  majority  of  electors 
residing  in  each  county  to  be  effected  thereby  shall  so  decide.  The 
Legislature  may  organize  any  city  into  a  separate  county,  when  it 
has  attained  a  population  of  twenty  thousand  inhabitants,  without 
reference  to  geographical  extent,  when  a  majority  of  the  electors  of  a 
county  in  which  such  city  may  l3e  situated,  voting  thereon,  shall  b^ 
in  favor  of  a  separate  organization. 

3.  In  each  organized  county  there  shall  be  a  sheriff,  a  county 
clerk,  a  county  treasurer,  a  register  of  deeds,  and  a  prosecuting  attor- 
ney, chosen  by  the  electors  thereof,  once  in  two  years,  and  as  oflen 
as  vacancies  shall  happen,  whose  duties  and  powers  shall  be  pre- 
scribed by  law.  The  board  of  supervisors  in  any  county  may  unite 
the  offices  of  county  clerk  and  register  of  deeds  in  one  office,  or  dis- 
connect the  same. 

4.  The  sheriff,  county  clerk,  county  treasurer,  judge  of  probate, 
and  register  of  deeds,  shall  hold  their  offices  at  the  county  seat. 

5.  The  sheriff  shall  hold  no  other  office,  and  shall  be  incapable 
of  holding  the  office  of  sheriff  longer  than  four  in  any  period  of  six 
years.  He  may  be  required  by  law  to  renew  his  security  from  time 
to  time,  and  in  default  of  giving  such  security,  his  office  shall  be 
deemed  vacant.     The  county  shall  never  be  responsible  for  his  acts. 

6.  A  board  of  supervisors,  consisting  of  one  from  each  organized 
township,  shall  be  established  in  each  county,  with  such  powers  as 
shall  be  prescribed  by  law. 

7.  Cities  shall  have  such  representation  in  the  board  of  super- 
visors of  the  counties  in  which  they  are  situated,  as  the  Legislature 
may  direct. 

8.  No  county  seat,  once  established,  shall  be  removed,  until  the 
place  to  which  it  is  proposed  to  be  removed  shall  be  designated  by 
two-thirds  of  the  board  of  supervisors  of  the  county,  and  a  majority 
of  the  electors  voting  thereon  shall  have  voted  in  favor  of  the  pro 
posed  location,  in  such  manner  as  shall  be  prescribed  by  law. 

9.  The  board  of  supervisors  of  any  county  may  borrow  or  raise  by 
tax  one  thousand  dollars,  for  constructing  or  repairing  public  buildings, 
highways  or  bridges ;  but  no  greater  sum  shall  be  borrowed  or  raised 
by  tax  for  such  purpose  in  any  one  year,  unless  authorized  by  a 
majority  of  the  electors  of  such  county  voting  thereon. 

10.  The  board  of  supervisors,  or  in  the  county  of  Wayne,  the 

34 


4:66d  CONSTITUTION    OF 


board  of  county  auditors,  shall  have  t}he  exclusive  power  to  prescribe 
and  fix  the  compensation  for  all  services  rendered  for,  and  to  adjust 
all  claims  against  their  respective  counties,  and  the  sum  so  fixed  or 
defined  shall  be  subject  to  no  appeal. 

11.  The  board  of  supervisors  of  each  organized  county  may  pro- 
vide for  laying  out  highways,  constructing  bridges,  and  organizing 
townships,  under  such  restrictions  and  limitations  as  shall  be  pre- 
scribed by  law. 

ARTICLE  XL— Townships. 

Sec.  1.  There  shall  be  elected  annually,  on  the  first  Monday  of 
April,  in  each  organized  township,  one  supervisor,  one  township 
clerk,  who  shall  be  ex-officio  school  inspector,  one  commissioner  of 
highways,  one  township  treasurer,  one  school  inspector,  not  exceed- 
ing four  constables,  and  one  overseer  of  highways  for  each  highway 
(^strict,  whose  powers  and  duties  shall  be  prescribed  by  law. 

2.  Each  organized  township  shall  be  a  body  corporate,  with  such 
powers  and  immunities  as  shall  be  prescribed  by  law.  All  suits  and 
proceedings  by  or  against  a  township,  shall  be  in  the  name  thereof.. 

ARTICLE  XII. — Impeachments  and  Memovak  from  Office. 

.  Sec.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeaching  civil  officers  for  corrupt  conduct  in  office,  or  for  crimes 
or  misdemeanors ;  but  a  majority  of  the  members  elected  shall  be 
necessary  to  direct  an  impeachment. 

2.  Every  impeachment  shall  be  tried  by  the  Senate.  When  the 
governor  or  lieutenant  governor  is  tried,  the  chief  justice  of  the 
supreme  court  shall  preside.  When  an  impeachment  is  directed, 
the  Senate  shall  take  an  oath  or  affirmation  truly  and  impartially  to 
try  and  determine  the  same  according  to  the  evidence.  No  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  mem- 
bers elected.  Judgment,  in  case  of  impeachment,  shall  not  extend 
further  than  removal  from  office  ;  but  the  party  convicted  shall  be 
liable  to  punishment  according  to  law. 

3.  When  an  impeachment  is  directed,  the  House  of  Represienta- 
tives  shall  elect  from  their  own  body  three  members,  whose  duty  it 
shall  be  to  prosecute  such  impeachment.  No  impeachment  shall  be 
tried  until  the  final  adjournment  of  the  Legislature,  when  the  Senate 
shall  proceed  to  try  the  same.' 

4.  No  judicial  officer  shall  exercise  his  office  after  an  impeachment 
is  directed,  until  he  is  acquitted. 

5.  The  governor  may  make  a  provisional  appointment  to  fill  a 
vacancy  occasioned  by  the  suspension  of  an  officer  until  he  shall 
be  acquitted,  or  until  after  the  election  and  qualification  of  a  suc- 
cessor. 

6.  Eor  reasonable  cause,  which  shall  not  be  sufficient  ground  for 
the  impeachment  of  a  judge,  the  governor  shall  remove  him  on  a 
concurrent  resolution  of  two-thirds  of  the  members  elected  to  each 


MICHIGAN.  ei66 


house  of  the  Legislature ;  but  the  cause  for  which  such  removal  is 
required  shall  be  stated  at  length  in  such  resolution. 

7.  The  Legislature  shall  provide  by  law  for  the  removal  of  any 
officer  elected  by  a  county,  township  or  school  district,  in  such  man- 
ner and  for  such  cause  as  to  them  shall  seem  just  and  proper. 

ARTICLE  Xlll— Education. 

Sec.  1.  The  superintendent  of  public  instruction  shall  have  the 
general  supervision  of  public  instruction,  and  his  duties  shall  be  pre- 
scribed by  law. 

2.  The  proceeds  from  the  sales  of  all  lands  that  have  been  or  here- 
after may  be  granted  by  the  United  States  to  the  State  for  educational 
purposes,  and  the  proceeds  of  all  lands  or  other  property  given  by 
individuals  or  appropriated  by  the  State  for  like  purposes,  shall  be 
and  remain  a  perpetual  fund,  the  interest  and  income  of  which,  toge- 
gether  with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall 
be  inviolably  appropriated  and  annually  applied  to  the  specific  objects 
of  the  original  gift,  grant  or  appropriation. 

3.  All  lands,  the  titles  to  which  shall  fail  from  a  defect  of  heirs, 
shall  escheat  to  the  State ;  and  the  interest  on  the  clear  proceeds  from 
the  sales  thereof,  shall  be  appropriated  exclusively  to  the  support  of 
primary  schools. 

4.  The  Legislature  shall,  within  five  years  from  the  adoption  of 
this  constitution,  provide  for  and  establish  a  system  of  primary 
schools,  whereby  a  school  shall  be  kept,  without  charge  for  tuition, 
at  least  three  months  in  each  year,  in  every  school  district  in  the 
State,  and  all  instruction  in  said  schools  shall  be  conducted  in  the 
English  language. 

5.  A  school  shall  be  maintained  in  each  school  district  at  least 
three  months  in  each  year.  Any  school  district  neglecting  to  main- 
tain such  school,  shall  be  deprived  for  the  ensuing  year  of  its  propor- 
tion of  the  income  of  the  primary  school  fund,  and  of  all  funds  arising 
from  taxes  for  the  support  of  schools. 

6.  There  shall  be  elected  in  each  judicial  circuit,  at  the  time  of  the 
election  of  the  judge  of  such  circuit,  a  regent  of  the  university,  whose 
term  of  office  shall  be  the  same  as  that  of  such  judge.  The  regents 
thus  elected  shall  constitute  the  board  of  regents  of  the  University  of 
Michigan.  , 

7.  The  regents  of  the  university,  and  their  successors  in  office, 
shall  continue  to  constitute  the-  body  corporate,  known  by  the  name 
and  title  of  "the  Eegents  of  the  University  of  Michigan." 

8.  The  regents  of  the  university  shall,  at  their  first  annual  meet- 
ing, or  as  soon  thereafter  as  may  be,  elect  a  president  of  the  univer- 
sity, who  shall  be  ex-officio  a  member  of  their  board,  with  the  privi- 
lege of  speaking,  but  not  of  voting.  He  shall  preside  at  the  meetings 
of  the  regents,  and  be  the  principal  executive  officer  of  the  university. 
The  board  of  regents  shall  have  the  general  supervision  of  the  uni- 


456/  CONSTITUTION    OF 


versity,  and  the  direction  and  control  of  all  expenditures  from  the 
university  interest  fund. 

9.  There  shall  be  elected  at  the  general  election  in  the  year  one 
thousand  eight  hundred  and  fifty-two,  three  members  of  a  state 
board  of  education,  one  for  two  years,  one  for  four  years,  and  one 
for  six  years  ;  and  at  each  succeeding  biennial  election  there  shall  be 
elected  one  member  of  such  board,  who  shall  hold  his  office  for  six 
years.  The  superintendent  of  public  instruction  shall  be  ex-officio  a 
member  and  secretary  of  such  board.  The  board  shall  have  the 
general  supervision  of  the  State  Normal  School,  and  their  duties 
shall  be  pi-escribed  by  law. 

10.  Institutions  for  the  benefit  of  those  inhabitants  who  are  deaf, 
dumb,  blind  or  insane,  shall  always  be  fostered  and  supported. 

11.  The  Legislature  shall  encourage  the  promotion  of  intellectual, 
scientific  and  agricultural  improvement ;  and  shall,  as  soon  as  prac- 
ticable, provide  for  the  establishment  of  an  agricultural  school.  The 
Legislature  may  appropriate  the  twenty-two  sections  of  salt  spring 
lands  now.  unappropriated,  or  the  money  arising  from  the  sale  of  the 
same,  where  such  lands  have  been  already  sold,  and  any  land  which- 
may  hereafter  be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  school,  and  may  make  the  same  a 
branch  of  the  university  for  instruction  in  agriculture  and  the  natural 
sciences  connected  therewith,  and  place  the  same  under  the  super- 
vision of  the  regents  of  the  university. 

12.  The  Legislature  shall  also  provide  for  the  establishment  of 
at  least  one  librarian  in  each  township ;  and  all  fines  assessed  and 
collected  in  the  several  counties  and  townships  for  any  breach  of 
the  penal  laws,  shall  be  exclusively  applied  to  the  support  of  such 
libraries. 

ARTICLE  XIV. — Finance  and  Taxation. 

Sec.  1.  All  specific  State  taxes,  except  those  received  from  the 
mining  companies  of  the  Upper  Peninsula,  shall  be  applied  in  paying 
the  interest  upon  the  primary  school,  university,  and  other  educa- 
tional funds,  and  the  interest  and  principal  of  the  State  debt,  in  the 
order  herein  recited,  until  the  extinguishment  of  the  State  debt,  other 
than  the  amounts  due  to  educational  funds,  when  such  specific  taxes 
shall  be  added  to,  and  constitute  a  part  of  the  primary  school  inter- 
est fund.  The  Legislature  shall  provide  for  an  annual  tax,  sufficient, 
with  other  resources,  to  pay  the  estimated  expenses  of  the  State  gov- 
ernment, the  interest  of  the  State  debt,  and  such  deficiency  as  may 
occur  in  the  resources. 

2.  The  Legislature  shall  provide  by  law  a  sinking  fund  of  at  least 
twenty  thousand  dollars  a  year,  to  commence  in  eighteen  hundred 
and  fifty-two,  with  compound  interest  at  the  rate  of  six  per  cent,  per 
annum,  and  an  annual  increase  of  at  least  five  per  cent.,  to  be  applied 
solely  to  the  payment  and  extinguishment  of  the  principal  of  the  State 
debt,  other  than  the  amounts  due  to  educational  funds,  and  shall  be 


MICHIGAN.  ^7456 


continued  until  the  extinguishment  thereof.  The  unfunded  debt  shall 
not  be  funded  or  redeemed  at  a  value  exceeding  that  established  by 
law  in  one  thousand  eight  hundred  and  forty-eight. 

3.  The  State  may  contract  debts  to  meet  deficits  in  revenue. 
Such  debts  shall  not  in  the  aggregate  at  any  one  time  exceed  fifty 
thousand  dollars.  The  moneys  so  raised  shall  be  applied  to  the  pur- 
poses for  which  they  were  obtained,  or  to  the  payment  of  the  debts 
so  contracted. 

4.  The  State  may  contract  debts  to  repel  invasion,  suppress  insur- 
rection, or  defend  the  State  in  time  of  war.  The  money  arising 
from  the  contracting  of  such  debts  shall  be  applied  to  the  purposes 
for  which  it  was  raised,  or  to  repay  such  debts. 

5.  No  money  shall  be  paid  out  of  the  treasury  except  in  pursu- 
ance of  appropriations  made  by  law. 

6.  The  credit  of  the  State  shall  not  be  granted  to,  or  in  aid  of 
any  person,  association  or  corporation. 

7.  No  scrip,  certificate  or  other  evidence  of  State  indebtedness 
shall  be  issued,  except  for  the  redemption  of  stock  previously  issued, 
or  for  such  debts  as  are  expressly  authorized  in  this  constitution. 

8.  The  State  shall  not  subscribe  to,  or  be  interested  in,  the  stock 
of  any  company,  association  or  corporation. 

9.  The  State  shall  not  be  a  party  to,  or  interested  in,  any  work 
of  internal  improvement,  nor  engaged  in  carrying  on  any  such  work, 
except  in  the  expenditure  of  grants  to  the  State  of  land  or  other 
property. 

10.  The  State  may  continue  to  collect  all  specific  taxes  accruing 
to  the  treasury  under  existing  laws.  The  Legislature  may  provide 
for  the  collection  of  specific  taxes,  from  banking,  railroad,  plank  road, 
and  other  corporations  hereafler  created. 

11.  The  Legislature  shall  provide  an  uniform  rule  of  taxation, 
except  on  property  paying  specific  taxes,  and  taxes  shall  be  levied  on 
such  property  as  shall  be  prescribed  by  law. 

12.  All  assessments  hereafter  authorized  shall  be  on  property  at 
its  cash  value. 

13.  The  Legislature  shall  provide  for  an  equalization  by  a  State 
board,  in  the  year  one  thousand  eight  hundred  and  fifty-one,  and 
every  fifth  year  thereafter,  of  assessments  on  all  taxable  property, 
except  that  paying  specific  taxes. 

14.  Every  law  which  imposes,  continues  or  revives  a  tax,  shall 
distinctly  state  the  tax,  and  the  object  to  which  it  is  tc  be  applied ; 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

ARTICLE  XN .—  Corporations. 

Sec.  1.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  act,  except  for  municipal  purposes.  All 
laws  passed  pursuant  to  this  section  may  be  altered,  amended,  or 


456/i  CONSTITUTION    OF 


2.  "No  banking  law,  or  law  for  banking  purposes,  or  amendments 
thereof,  shall  have  effect  until  the  same  shall,  after  its  passage,  be 
submitted  to  a  vote  of  the  electors  of  the  State,  at  a  general  elec- 
tion, and  be  approved  by  a  majority  of  the  votes  cast  thereon  at  such 
election. 

3.  The  officers  and  stockholders  of  every  corporation  or  association 
for  banking  purposes,  issuing  bank  notes  or  paper  credits  to  circulate 
as  money,  shall  be  individually  liable  for  all  debts  contracted  during 
the  time  of  their  being  officers  or  stockholders  of  such  corporation 
or  association. 

4.  The  Legislature  shall  provide  by  law  for  the  registry  of  all 
bills  or  notes  issued  or  put  in  circulation  as  money,  and  shall  require 
security  to  the  full  amount  of  notes  and  bills  so  registered  in  State 
or  United  States  stocks,  bearing  interest,  which  shall  be  deposited 
with  the  state  treasurer,  for  the  redemption  of  such  bills  or  notes  in 
specie. 

5.  In  case  of  the  insolvency  of  any  bank  or  banking  association, 
the  billholders  thereof  shall  be  entitled  to  preference  in  payment 
over  all  other  creditors  of  such  bank  or  association. 

6.  The  Legislature  shall  pass  no  law  authorizing  or  sanctioning 
the  suspension  of  specie  payments  by  any  person,  association  or 
corporation. 

7.  The  stockholders  of  all  corporations  and  joint  stock  associations 
shall  be  individually  liable  for  all  labor  performed  for  such  corpora- 
tion or  association. 

8.  The  Legislature  shall  pass  no  law  altering  or  amending  any 
act  of  incorporation  heretofore  granted,  without  the  assent  of  two- 
thirds  of  the  members  elected  to  each  house ;  nor  shall  any  such  act 
be  renewed^  or  extended.  This  restriction  shall  not  apply  to  muni- 
cipal corporations. 

9.  The  property  of  no  person  shall  be  taken  by  any  corporation 
for  public  use  without  compensation  being  first  made  or  secured,  in 
such  manner  as  may  be  prescribed  by  law. 

•  10.  No  corporation,  except  for  municipal  purposes,  or  for  the  con- 
struction of  railroads,  plank  roads  and  canals,  shall  be  created  for  a 
longer  time  than  thirty  years. 

IL  The  term  "corporations,"  as  used  in  the  preceding  sections 
of  this  article,  shall  be  construed  to  include  all  associations  and  joint 
stock  companies  having  any  of  the  powers  or  privileges  of  corpora- 
tions not  possessed  by  individuals  or  partnerships.  All  corporations 
shall  have  the  right  to  sue,  and  be  subject  to  be  sued,  in  all  courts,  in 
like  cases  as  natural  persons. 

12.  No  corporation  shall  hold  any  real  estate  hereafter  acquired 
for  a  longer  period  than  ten  years,  except  such  real  estate  as  shall 
be  actually  occupied  by  such  corporation  in  the  exercise  of  its 
franchises. 

13.  The  Legislature  shall  provide  for  the  incorporation  and  organ- 


MICHIGAN.  z456 


iiation  of  cities  and  villages,  and  shall  restrict  their  powers  of  taxa- 
tion, borrowing  money,  contracting  debts,  and  loaning  their  credit. 

14.  Judicial  officers  of  cities  and  villages  shall  be  elected,  and  all 
other  officers  shall  be  elected  or  appointed  at  such  time  and  in  such 
manner  as  the  Legislature  may  direct. 

15.  Private  property  shall  not  be  taken  for  public  improvements 
in  cities  and  villages  without  the  consent  of  the  owner,  unless  the 
compensation  therefor  shall  first  be  determined  by  a.  jury  of  free- 
holders, and  actually  paid  or  secured  in  the  manner  provided  by 
law. 

16.  Previous  notice  of  any  application  for  an  alteration  of  the 
charter  of  any  corporation  shall  be  given  in  such  manner  as  may  be 
prescribed  by  law. 

ARTICLE  XVI— Exemptions. 

Sec.  1.  The  personal  property  of  every  resident  of  this  State,  to 
consist  of  such  property  only  as  shall  be  designated  by  law,  shall  be 
exempted  to  the  amount  of  not  less  than  five  hundred  dollars  from 
sale  on  execution,  or  other  final  process  of  any  court,  issued  for  the 
collection  of  any  debt  contracted  after  the  adoption  of  this  consti- 
tution. 

2.  Every  homestead  of  not  exceeding  forty  acres  of  land,  and  the 
dwelling-house  thereon,  and  the  appurtenances  to  be  selected  by  the 
owner  thereof,  and  not  included  in  any  town  plat,  city  or  village ;  or 
instead  thereof,  at  the  option  of  the  owner,  any  lot  in  any  city,  vil- 
lage, or  recorded  town  plat,  or  such  parts  of  lots  as  shall  be  equal 
thereto,  and  the  dwelling-house  thereon  and  its  appurtenances,  owned 
and  occupied  by  any  resident  of  the  State,  not  exceeding  in  value 
fifteen  hundred  dollars,  shall  be  exempt  from  forced  sale  on  execu- 
tion, or  any  other  final  process  from  a  court,  for  any  debt  con- 
tracted  after  the  adoption  of  this  constitution.  Such  exemption  shall 
not  extend  to  any  mortgage  thereon  lawfully  obtained ;  but  such 
mortgage,  or  other  alienation  of  such  land,  by  the  owner  thereof,  if 
a  married  man,  shall  not  be  valid  without  the  signature  of  the  wife 
to  the  same. 

3.  The  homestead  of  a  family,  after  the  death  of  the  owner  thereof, 
shall  be  exempt  from  the  payment  of  his  debts,  contracted  after  the 
adoption  of  this  constitution,  in  all  cases,  during  the  minority  of  his 
children. 

4.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no  chil- 
dren, the  same  shall  be  exempt,  and  the  rents  and  profits  thereof 
shall  accrue  to  her  benefit  during  the  time  of  her  widowhood,  unless 
she  be  the  owner  of  a  homestead  in  her  own  right. 

5.  The  real  and  personal  estate  of  every  female,  acquired  before 
marriage,  and  all  property  to  which  she  may  afterwards  become 
entitled,  by  gift,  grant,  inheritance  or  devise,  shall  be  and  remain  the 
estate  and  property  of  such  female,  and  shall  not  be  liable  for  the 


456;  CONSTITUTION    OP 


debts,  obligations  or  engagements  of  her  husband ;  and  may  be  devised 
or  bequeathed  by  her  as  if  she  were  unmarried. 

ARTICLE  XVlh— Militia. 

Sec.  1.  The  militia  shall  be  composed  of  all  able  bodied  white 
male  citizens  between  the  ages  of  eighteen  and  forty-five  years, 
except  such  as  are  exempted  by  the  laws  of  the  United  States  or  of 
this  State :  but  all  such  citizens  of  any  religious  denomination  what- 
ever, who,  from  scruples  of  conscience,  may  be  averse  to  bearing 
arms,  shall  be  excused  therefrom,  upon  such  conditions  as  shall  be 
prescribed  by  law. 

2.  The  Legislature  shall  provide  by  law  for  organizing,  equipping 
and  disciplining  the  militia,  in  such  manner  as  they  shall  deem  expe- 
dient, not  incompatible  with  the  laws  of  the  United  States. 

3.  Officers  of  the  militia  shall  be  elected  or  appointed,  and  be 
commissioned  in  such  manner  as  may  be  provided  by  law. 

ARTICLE  XVIII. — Miscellaneous  Provisions. 

Sec.  1.  Members  of  the  Legislature,  and  all  officers,  executive 
and  judicial,  except  such  officers  as  may  by  law  be  exempted,  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation :  "  I  do  solemnly  swear 
(or  affirm)  that  I  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  this  State,  and  that  I  will  faithfully  discharge 

the  duties  of  the  office  of according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a  qualifi- 
cation for  any  office  or  public  trust. 

2.  When  private  property  is  taken  for  the  use  or  benefit  of  the 
public,  the  necessity  for  using  such  property,  and  the  just  compen- 
sation to  be  made  therefor,  except  when  to  be  made  by  the  State, 
shall  be  ascertained  by  a  jury  of  twelve  freeholders,  residing  in  the 
vicinity  of  such  property,  or  by  not  less  than  three  commissioners, 
appointed  by  a  court  of  record,  as  shall  be  prescribed  by  law. 

3.  No  mechanical  trade  shall  hereafter  be  taught  to  convicts  in 
the  state  prison  of  this  State,  except  the  manufacture  of  those  arti- 
cles, of  which  the  chief  supply  for  home  'consumption  is  imported 
from  other  states  or  countries. 

4.  No  navigable  stream  in  this  State  shall  be  either  bridged  or 
dammed  without  authority  from  the  board  of  supervisors  of  the  pro- 
per county,  under  the  provisions  of  law.  No  such  law  shall  preju- 
dice the  right  of  individuals  to  the  free  navigation  of  such  streams,  or 
preclude  the  State  from  the  further  improvement  of  the  navigation 
of  such  stream. 

5.  An  accurate  statement  of  the  receipts  and  expenditures  of  the 
public  moneys  shall  be  attached  to,  and  published  with  the  laws,  at 
every  regular  session  of  the  Legislature. 

6.  The  laws,  public  records,  and  the  written  judicial  and  legisla- 


MICHIGAN.  M56 


tive  proceedings  of  the  State,  shall  be  conducted,  promulgated  and 
preserved  in  the  English  language. 

7.  Every  person  has  a  right  to  bear  arms  for  the  defence  of  him- 
self and  the  State. 

8.  The  military  shall,  in  all  cases  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

9.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner  or  occupant,  nor  in  time  of  war, 
except  in  a  manner  prescribed  by  law. 

10.  The  people  have  the  right  peaceably  to  assemble  together,  to 
consult  for  the  common  good,  to  instruct  their  representatives,  and  to 
petition  the  Legislature  for  redress  of  grievances. 

11.  Neither  slavery  nor  involuntary  servitude,  unless  for  the  pun- 
ishment of  crime,  shall  ever  be  tolerated  in  this  State. 

12.  No  lease  or  grant  hereafter  of  agricultural  land  for  a  longer 
period  than  twelve  years,  reserving  any  rent  or  service  of  any  kind, 
shall  be  valid. 

13.  Aliens  who  are,  or  who  may  hereafter  become,  bona  fide 
residents  of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment  and  inheritance  of  property,  as  native  born 
citizens. 

14.  The  property  of  no  person  shall  be  taken  for  public  use  with- 
out just  compensation  therefor.  Private  roads  may  be  opened  in  the 
manner  to  be  prescribed  by  law ;  but  in  every  case  the  necessity  of 
the  road  and  the  amount  of  all  damages  to  be  sustained  by  the  open 
ing  thereof,  shall  be  first  determined  by  a  jury  of  freeholders  ;  and 
such  amount,  together  with  the  expenses  of  proceedings,  shall  be  paid 
by  the  person  or  persons  to  be  benefited. 

15.  No  general  revision  of  the  laws  shall  hereafter  be  made. 
When  a  reprint  thereof  becomes  necessary,  the  Legislature,  in  joint 
convention,  shall  appoint  a  suitable  person  to  collect  together  such 
acts  and  parts  of  acts  as  are  in  force,  and,  without  alteration,  arrange 
them  under  appropriate  heads  and  titles.  The  laws  so  arranged 
shall  be  submitted  to  two  commissioners  appointed  by  the  governor 
for  examination,  and  if  certified  by  them  to  be  a  correct  compilation 
of  all  general  laws  in  force,  shall  be  printed  in  such  manner  as  shall 
be  prescribed  by  law. 

ARTICLE  XIX.— Upper  Peninsula. 

Sec.  1.  The  counties  of  Mackinac,  Chippewa,  Delta,  Marquette, 
Schoolcraft,  Houghton  and  Ontonagon,  and  the  islands  and  territory 
thereunto  attached,  the  islands  of  Lake  Superior,  Huron  and  Michi- 
gan, and  in  Green  Bay,  and  the  Straits  of  Mackinac  and  the  River 
Ste  Marie,  shall  constitute  a  separate  judicial  district,  and  be  entitled 
to  a  district  judge  and  district  attorney. 

2.  The  district  judge  shall  be  elected  by  the  electors  of  such  dis- 
trict, and  shall  perform  the  same  duties  and  possess  the  same  powers 


456/  CONSTITUTION    OF 


as  a  circuit  judge  in  his  circuit,  and  shall  hold  his  office  for  the  same 
period. 

3.  The  district  attorney  shall  be  elected  every  two  years  by  the 
electors  of  the  district,  shall  perform  the  duties  of  prosecuting  attor- 
ney throughout  the  entire  district,  and  may  issue  warrants  for  the 
arrest  of  offenders  in  cases  of  felony,  to  be  proceeded  with  as  shall 
be  prescribed  by  law. 

4.  Such  judicial  district  shall  be  entitled  at  all  times  to  at  least 
one  senator,  and  until  entitled  to  more  by  its  population,  it  shall  have 
three  members  of  the  House  of  Representatives,  to  be  apportioned 
among  the  several  counties  by  the  Legislature. 

5.  The  Legislature  may  provide  for  the  payment  of  the  district 
judge  a  salary  not  exceeding  one  thousand  dollars  a  year,  and  of 
the  district  attorney  not  exceeding  seven  hundred  dollars  a  year, 
and  may  allow  extra  compensation  to  the  members  of  the  Legisla- 
ture from  such  territory,  not  exceeding  two  dollars  a  day  during  any 
session. 

6.  The  elections  for  all  district  or  county  officers.  State  senator  or 
representatives,  within  the  boundaries  defined  in  this  article,  shall 
take  place  on  the  last  Tuesday  of  September  in  the  respective  years 
in  which  they  may  be  required.  The  county  canvass  shall  be  held 
on  the  first  Tuesday  in  October  thereafter,  and  the  district  canvass 
on  the  last  Tuesday  of  said  October. 

7.  One-half  of  the  taxes  received  into  the  treasury  from  mining 
corporations  in  the  Upper  Peninsula  paying  an  annual  State  tax  of 
one  per  cent.,  shall  be  paid  to  the  treasurers  of  the  counties  from 
which  it  is  received,  to  be  applied  for  township  and  county  purposes, 
as  provided  by  law.  The  Legislature  shall  have  power,  after  the 
year  one  thousand  eight  hundred  and  fifty-five,  to  reduce  the  amount 
to  be  refunded. 

8.  The  Legislature  may  change  the  location  of  the  state  prison 
from  Jackson  to  the  Upper  Peninsula. 

9.  The  charters  of  the  several  mining  corporations  may  be  modi- 
fied by  the  Legislature,  in  regard  to  the  term  limited  for  subscribing 
to  stock,  and  in  relation  to  the  quantity  of  land  which  a  corporation 
shall  hold  ;  but  the  capital  shall  not  be  increased,  nor  the  time  for 
the  existence  of  charters  extended.  No  such  corporation  shall  be 
permitted  to  purchase  or  hold  any  real  estate,  except  such  as  shall 
be  necessary  for  the  exercise  of  its  corporate  franchises. 

ARTICLE  XX. — Amendment  and  Revision  of  the  Constitution. 

Sec.  L  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  Senate  or  House  of  Representatives.  If  the  same 
shall  be  agreed  to  by  two-thirds  of  the  members  elected  to  each 
house,  such  amendment  or  amendments  shall  be  entered  on  their 
journals  respectively,  with  the  yeas  and  nays  taken  thereon  ;  and  the 
same  shall  be  submitted  to  the  electors  at  the  next  general  election 
thereafter,  and  if  a  majority  of  the  electors  qualified  to  vote  for 


MICHIGAN.  .  m456 


members  of  the  Legislature  voting  thereon  shall  ratify  and  approve 
such  amendment  or  amendments,  the  same  shall  become  part  of  the 
constitution. 

2.  At  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  sixty-six,  and  in  each  sixteenth  year  thereafter, 
and  also  at  such  other  times  as  the  Legislature  may  by  law  pro- 
vide, the  question  of  a  general  revision  of  the  constitution  shall  be 
submitted  to  the  electors  qualified  to  vote  for  members  of  the  Legis- 
lature ;  and  in  case  a  majority  of  the  electors  so  qualified,  voting 
at  such  election,  shall  decide  in  favor  of  a  convention  for  such  pur- 
pose, the  Legislature,  at  the  next  session,  shall  provide  by  law  for 
the  election  of  delegates  to  such  convention.  All  the  amendments 
shall  take  eflfect  at  the  commencement  of  the  political  year  after 
their  adoption. 


SCHEDULE 


That  no  inconvenience  may  arise  from  the  changes  in  the  constitution  of  this 
State,  and  in  order  to  carry  the  same  into  complete  operation,  it  is  hereby  declared, 
that  ' 

Sec.  1.  The  common  law  and  the  statute  laws  now  in  force,  not  repugnant  to 
this  constitution,  shall  remain  in  force  until  they  expire  by  their  own  limitations,  or 
are  altered  or  repealed  by  the  Legislature. 

2.  All  writs,  actions,  causes  of  action,  prosecutions,  and  rights  of  individuals  and 
of  bodies  corporate,  and  of  the  State,  and  all  charters  of  incorporation,  shall  con- 
tinue ;  and  all  indictments  which  shall  have  been  found,  or  which  may  hereafter  be 
found,  for  any  crime  or  offence  committed  before  the  adoption  of  this  constitution, 
may  be  proceeded  upon  as  if  no  change  had  taken  place.  The  several  courts, 
except  as  herein  otherwise  provided,  shall  continue  with  the  Uke  powers  and  juris- 
diction, both  at  law  and  in  equity,  as  if  this  constitution  had  not  been  adopted,  and 
luitU.  the  organization  of  the  judicial  department  under  this  constitution. 

3.  That  all  fines,  penalties,  forfeitures  and  escheats  accruing  to  the  State  of 
Michigan  under  the  present  constitution  and  laws,  shall  accrue  to  the  use  of  the 
State  under  this  constitution. 

4.  That  all  recognizances,  bonds,  obligations,  and  all  other  instruments  entered 
into  or  executed  before  the  adoption  of  this  constitution,  to  the  people  of  the  State 
of  Michigan,  to  any  state,  county  or  township,  or  any  public  officer  or  public  body, 
or  which  may  be  entered  into  or  executed,  under  existing  laws,  "  to  the  people  of 
the  State  of  Michigan,"  to  any  such  officer  or  public  body,  before  the  complete 
organization  of  the  departments  of  government  under  this  constitution,  shall  remain 
binding  and  valid  ;  and  rights  and  liabilities  upon  the  same  shall  continue,  and  may 
be  prosecuted  as  provided  by  law.  And  all  crimes  and  misdemeanors,  and  penal 
actions,  shall  be  tried,  punished  and  prosecuted,  as  though  no  change  had  taken 
place,  until  otherwise  provided  by  law. 

5.  A  governor  and  lieutenant  governor  shall  be  chosen  under  the  existing  con- 
stitution and  laws,  to  serve  after  the  expiration  of  the  term  of  the  present  incumbent. 

6.  All  officers,  civil  and  military,  now  holding  any  office  or  appointment,  shall 
continue  to  hold  their  respective  offices,  unless  removed  by  competent  authority, 
until  superseded  under  the  laws  now  in  force,  or  under  this  constitution. 

7.  The  members  of  the  Senate  and  House  of  Representatives  of  the  Legisla- 


456/1  CONSTITUTION    OF 


ture  of  one  thousand  eight  hundred  and  fifty-one,  shall  continue  in  office  under  the 
provisions  of  law  until  superseded  by  their  successors  elected  and  qualified  under 
this  constitution. 

8.  All  county  officers,  unless  removed  by  competent  authority,  shall  continue  to 
hold  their  respective  offices  until  the  first  day  of  January,  in  the  year  one  thousand 
eight  hundred  and  fifty-three.  The  laws  now  in  force  as  to  the  election,  qualifica- 
tion, and  duties  of  township  officers,  shall  continue  in  force  until  the  Legislature 
shall,  in  conformity  to  the  provisions  of  this  constitution,  provide  for  the  holding 
of  elections  to  fill  such  offices,  and  prescribe  the  duties  of  such  officers  respec- 
tively. 

9.  On  the  first  day  of  January,  in  the  year  one  thousand  eight  hundred  and  fifty- 
two,  the  terms  of  office  of  the  judges  of  the  supreme  court,  under  existing  laws, 
and  of  the  judges  of  the  county  courts,  and  of  the  clerks  of  the  supreme  court, 
shall  expire  on  the  said  day, 

10.  On  the  first  day  of  January,  in  the  year  one  thousand  eight  hundred  and 
fifty-two,  the  jurisdiction  of  all  suits  and  proceedings  then  pending  in  the  present 
supreme  courts,  shall  become  vested  in  the  supreme  court  established  by  this  con- 
stitution, and  shall  be  finally  adjudicated  by  the  court  where  the  same  may  be 
pending.  The  jurisdiction  of  all  suits  and  proceedings  at  law  and  equity,  then  pend- 
ing in  the  circuit  courts  and  county  courts  for  the  several  counties,  shall  become 
vested  in  the  circuit  courts  of  the  said  counties,  and  district  couit  for  the  Upper 
Peninsula, 

11.  The  probate  courts,  the  courts  of  justices  of  the  peace,  and  the  police  court 
authorized  by  an  act  entitled  "  An  act  to  establish  a  police  court  in  the  city  of 
Detroit,"  approved  April  second,  one  thousand  eight  hundred  and  fifty,  shall  con- 
tinue to  exercise  the  jurisdiction  and  powers  now  conferred  upon  them  respectively, 
until  otlierwise  provided  by  law, 

12.  The  office  of  State  printer  shall  be  vested  in  the  present  incumbent  until 
the  expiration  of  the  term  for  wliicli  he  was  elected  under  the  law  then  in  force ; 
and  all  the  provisions  of  the  said  law  relating  to  his  duties,  rights,  privileges  and 
compensation,  shall  remain  unimpaired  and  inviolate  until  the  expiration  of  his  said 
term  of  office. 

13.  It  shall  be  the  duty  of  the  Legislature,  at  their  first  session,  to  adapt  the 
present  laws  to  the  provisions  of  this  constitution,  as  far  as  may  be. 

14.  The  attorney-general  of  the  State  is  required  to  prepare  and  report  to  the 
Legislature,  at  the  commencement  of  the  next  session,  such  changes  and  modifica- 
tions in  existing  laws  as  may  be  deemed  necessary  to  adapt  the  same  to  this  con- 
stitution, and  as  may  be  best  calculated  to  carry  into  effect  its  provisions ;  and  he 
shall  receive  no  additional  compensation  therefor. 

15.  Any  territory  attached  to  any  county  for  judicial  purposes,  if  not  otherwise 
represented,  shall  be  considered  as  forming  part  of  such  county,  so  far  as  regards 
elections  for  the  purpose  of  representation. 

16.  This  constitution  shall  be  submitted  to  the  people  for  their  adoption  or 
rejection,  at  the  general  election  to  be  held  on  the  first  Tuesday  of  November,  one 
thousand  eight  hundred  and  fifty  ;  and  tliere  shall  also  be  submitted  for  adoption 
or  rejection,  at  the  same  time,  the  separate  resolution  in  relation  to  the  elective 
franchise  ;  and  it  shall  be  the  duty  of  the  secretary  of  state,  and  all  other  officers 
required  to  give  or  publish  any  notice  in  regard  to  the  said  general  election,  to 
give  notice,  as  provided  by  law  in  case  of  an  election  of  governor,  that  this  consti- 
tution has  been  duly  submitted  to  the  electors  at  said  election.  Every  newspaper 
within  this  State  publishing,  in  the  month  of  September  next,  this  constitution  as 
submitted,  shall  receive,  as  compensation  therefor,  the  sum  of  twenty-five  dollars, 
to  be  paid  as  the  Legislature  shall  direct. 

17.  Any  person  entitled  to  vote  for  members  of  the  Legislature,  by  the  consti- 
tution and  laws  now  in  force,  shall,  at  the  said  election,  be  entitled  to  vote  for  the 
adoption  or  rejection  of  this  constitution,  and  for  or  against  the  resolution  separately 
submitted,  at  the  places  and  in  the  manner  provided  by  law  for  the  election  of 
members  of  the  Legislature. 


MICHIGAN.  o456 


18.  At  the  said  general  election,  a  ballot  box  shall  be  kept  by  the  several  boards 
of  inspectors  thereof,  for  receiving  the  votes  cast  for  or  against  the  adoption  of  this 
constitution ;  and  on  the  ballots  shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  the  words  "  Adoption  of  the  constitution — yes,"  or  "  Adoption  of 
the  constitution — no." 

19.  The  canvass  of  the  votes  cast  for  the  adoption  or  rejection  of  this  constitu- 
tion, and  the  provision  in  relation  to  the  elective  franchise  separately  submitted, 
and  the  returns  thereof  shall  be  made  by  the  proper  canvassing  officers,  in  the 
same  manner  as  now  provided  by  law  for  the  canvass  and  return  of  the  votes  cast 
at  an  election  for  governor,  as  near  as  may  be,  and  the  return  thereof  shall  be 
directed  to  the  secretary  of  state.  On  the  sixteenth  day  of  December  uext,  or 
within  five  days  thereafter,  the  auditor  general,  state  treasurer,  and  secretary  of 
state,  shall  meet  at  the  capitol,  and  proceed,  in  presence  of  the  governor,  to  exam- 
ine and  canvass  the  returns  of  the  said  votes,  and  proclamation  shall  forthwith  be 
made  by  the  governor  of  the  result  thereof  If  it  shall  appear  that  a  majority  of 
the  votes  cast  upon  the  question  have  thereon  "  Adoption  of  the  constitution — 
yes,"  this  constitution  shall  be  the  supreme  laAv  of  the  State  from  and  after  the 
first  day  of  January,  one  thousand  eight  hundred  and  fifty-one,  except  as  is  herein 
otherwise  provided ;  but  if  a  majority  of  the  votes  cast  upon  the  question  have 
thereon  "  Adoption  of  the  constitution — no,"  the  same  shall  be  null  and  void.  And 
in  case  of  the  adoption  of  this  constitution,  said  officers  shall  immediately,  or  as 
soon  thereafter  as  practicable,  proceed  to  open  the  statements  of  votes  returned 
from  the  several  counties  for  judges  of  the  supreme  court  and  State  officers  under 
the  act  entitled  "  An  act  to  amend  the  revised  statutes  and  to  provide  for  the  elec- 
tion of  certain  officers  by  the  peoj^le  in  pursuance  to  an  amendment  to  the  consti- 
tution, approved  February  sixteenth,  one  thousand  eight  hundred  and  fifty,"  and 
shall  ascertain,  determine  and  certify  the  results  of  the  election  for  said  officers 
under  said  acts,  in  the  same  manner,  as  near  as  may  be,  as  is  now  provided  by  law 
in  regard  to  the  election  of  representatives  in  Congress.  And  the  several  judges 
and  officers  so  ascertained  to  have  been  elected  may  be  qualified  and  enter  upon 
the  duties  of  their  respective  offices,  on  the  first  Monday  of  January  next,  or  as 
soon  thereafter  as  practicable.  • 

20.  The  salaries  or  compensation  of  all  persons  holding  office  under  the  present 
constitution,  shall  continue  to  be  the  same  as  now  provided  by  law,  until  super- 
seded by  their  successors  elected  or  appointed  under  this  constitution  ;  and  it 
shall  not  be  lawful  hereafter  for  the  Legislature  to  increase  or  diminish  the  com- 
pensation of  any  officer  during  the  term  for  which  he  is  elected  or  appointed. 

21.  The  Legislature,  at  their  first  session,  shall  provide  for  the  payment  of  all 
expenditures  of  the  convention  to  revise  the  constitution,  and  of  the  publication  of 
the  same  as  is  provided  in  this  article, 

22.  Ever}"^  county,  except  Mackinaw  and  Chippewa,  entitled  to  a  representative 
in  the  Legislature,  at  the  time  of  the  adoption  of  this  constitution,  shall  continue 
to  be  80  entitled  under  .this  constitution  ;  and  the  county  of  Saginaw,  with  the 
territory  that  may  be  attached,  -shall  be  entitled  to  one  representative ;  the  county 
of  Tuscola,  aiid  the  territory  that  may  be  attached,  one  representative ;  the  county 
of  Sanilac,  and  the  territory  that  may  be  attached,  one  representative ;  the  coun- 
ties of  Midland  and  Aronac,  with  the  territory  that  may  be  attached,  one  repre- 
sentative ;  the  county  of  Montcalm,  with  the  territory  that  may  be  attached 
thereto,  one  representative ;  and  the  counties  of  Newaygo  and  Oceana,  with  the 
territory  that  may  be  attached  thereto,  one  representative.  Each  county  having  a 
ratio  of  representation  and  a  fraction  over,  equal  to  a  moiety  of  said  ratio,  shall  be 
entitled  to  two  representatives,  and  so  on  above  that  number,  giving  one  additional 
member  for  each  additional  ratio. 

23.  The  cases  pending  and  undisposed  of  in  the  late  court  of  chancery  at  the 
time  of  the  adoption  of  this  constitution,  shall  continue  to  be  heard  and  deter- 
mined by  the  judges  of  the  supreme  court.  But  the  Legislature  shall,  at  its 
session  in  one  thousand  eight  hundred  and  fifty-one,  provide  by  law  for  the  transfer 

.of  said  causes  that  may  remain  undisposed  of  on  the  first  day  of  January,  one 


456^9  CONSTITUTION    OF    MICHIGAN. 

thousand  eight  hundred  and  fiftv-two,  to  the  supreme  or  circuit  court  established 
by  this  constitution,  or  require  that  the  same  may  be  heard  and  determiiied  by  the 
circuit  judges. 

24.  The  term  of  office  of  governor  and  lieutenant  governor  shall  commence  on 
the  first  day  of  January  next  after  their  election. 

25.  The  territory  described  in  the  article  entitled  "  Upper  Peninsula,"  shall  be 
attached  to  and  constitute  a  part  of  the  third  circuit  for  the  election  of  a  Regent 
of  the  University. 

26.  The  Legislature  shall  have  authority,  after  the  expiration  of  the  term  of 
office  of  the  district  judge  first  elected  for  the  "Upper  Peninsula,"  to  abolish  said 
office  of  district  judge  and  district  attorney,  or  either  of  them. 

27.  The  Legislature  shall,  at  its  session  of  one  thousand  eight  hundred  and  fifty- 
one,  apportion  the  representatives  among  the  several  comities  and  districts,  and 
divide  the  State  into  Senate  districts,  pursuant  to  the  provisions  of  this  consti- 
tution. 

28.  The  terms  of  office  of  all  State  and  county  officers,  of  the  circuit  judges, 
members  of  the  board  of  education,  and  members  of  the  Legislature,  shall  begin 
on  the  first  day  of  January  next  succeeding  their  election. 

29.  The  State,  exclusive  of  the  Upper  Peninsula,  shall  be  divided  into  eight 
judicial  circuits,  and  the  counties  of  Monroe,  Lenawee  and  Hillsdale  shall  consti- 
tute the  first  circuit ;  the  counties  of  Branch,  St.  Joseph,  Cass  and  Berrien  shall 
constitute  the  second  circuit ;  the  county  of  Wayne  shall  constitute  the  third  cir- 
cuit ;  the  counties  of  Washtenaw,  Jackson  and  Ingham  shall  constitute  the  fourth 
circuit;  the  counties  of  Calhoun,  Kalamazoo,  Allegan,  Eaton  and  Van  Buren  shall 
constitute  the  fifth  circuit;  [the]  counties  of  St.  Clair,  Macomb,  Oakland  and 
Sanilac  shall  constitute  the  sixth  circuit ;  the  counties  of  Lapeer,  Genesee,  Saginaw, 
Shiawassee,  Livingston,  Tuscola  and  Midland  shall  constitute  the  seventh  circuit ; 
and  the  counties  of  Barry,  Kent,  Ottawa,  Ionia,  Clinton  and  Montcalm  shall  con- 

^  stitute  the  eighth  circuit. 

RESOLUTION. 

80.  At  the  next  general  election,  and  at  the  same  time  when  the  votes  of  the 
electors  shall  be  taken  for  the  adoption  or  rejection  of  this  constitution,  an  addi- 
tional amendment  to  section  one  of  article  seven,  in  the  words  following : 

"  Every  colored  male  inhabitant  possessing  the  qualifications  required  by  the 
first  section  of  the  second  article  of  the  constitution,  shall  have  the  rights  and 
privileges  of  an  elector," 

Shall  be  separately  submitted  to  the  electors  of  this  State  for  their  adoption  or 
rejection,  in  form  following,  to  wit :  A  separate  ballot  may  be  given  by  every  per- 
son having  the  right  to  vote  for  the  revised  constitution,  to  be  deposited  in  a 
separate  box.  Upon  the  ballots  given  for  the  adoption  of  the  said  separate 
amendment  shall  be  written  or  printed,  or  partly  written  and  partly  printed,  the 
words  "  Equal  suffrage  to  colored  persons  ?  Yes ;"  and  upon  all  ballots  given 
against  the  adoption  of  the  said  separate  amendment,  in  like  manner,  the  words 
"  Equal  suffrage  to  colored  persons  ?  No."  And  on  such  ballots  shall  be  written 
or  printed,  or  partly  written  and  partly  printed,  the  words  "  Constitution :  Suf- 
frage," in  such  manner  ihat  such  words  shall  appear  on  the  outer  side  of  such 
ballot  when  folded.  If,  at  said  election,  a  majority  of  all  the  votes  given  for  and 
against  the  said  separate  amendment  shall  contain  the  words,  "  Equal  suffrage  to 
colored  persons  ?  Yes,"  then  there  shall  be  inserted  in  the  first  section  of  the  arti- 
cle, between  the  words  "  tribe  and  shall,"  tliese  words,  "  and  every  colored  male 
inhabitant,"  anything  in  the  constitution  to  the  contrary  notwithstanding. 

Done  in  Convention,  at  the  Capitol  of  the  State,  this  fifteenth  day  of  August,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty,  and  of  the  Independ- 
ence of  the  United  States  the  seventy-fifth. 


MISSOURI. 


Missouri  was  originally  included  in  the  territory  of  Louisiana.  It  was  pur- 
chased of  the  French  in  1803,  by  the  United  States.  In  1804  it  was  constituted 
the  territory  of  Louisiana,  and  in  1812  its  name  was  changed  to  Missouri,  In 
1821  it  became  a  State,  and  was  admitted  into  the  union.  St.  Louis  was  set- 
tled by  the  French  in  1764,  and  is  one  of  the  most  flourishing  cities  in  the 
West. 


Area,  64,000  sq.  m. 
2544  free  colored. 


Pop.  in  1850,  682,043,  of  whom  87,422  were  slaves,  and 


CONSTITUTION, 

We,  the  people  of  the  State  of  Missouri,  by  our  delegates  in  Conven- 
tion assembled,  do  ordain  and  establish  the  following  Constitution  : 

ARTICLE  I.— Of  Boundaries. 

Sec.  1.  We  do  declare,  establish,  ratify  and  confirm  the  following 
as  the  permanent  boundaries  of  the  State  of  Missouri :  "  Beginning 
in  the  middle  of  the  Mississippi  river,  on  the  parallel  of  thirty-six  de- 
grees of  north  latitude ;  thence  west  along  the  said  parallel  of  latitude 
to  the  St.  Francois  river,  thence  up  and  following  the  course  of  that 
river,  in  the  middle  of  the  main  channel  thereof,  to  the  parallel  of  lat- 
itude of  thirty-six  degrees  and  thirty  minutes  ;  thence  west  along  the 
same,  to  a  point  where  the  said  parallel  is  intersected  by  a  meridian 


458  CONSTITUTION    OP 


line  passing  through  the  middle  of  the  mouth  of  the  Kansas  river, 
where  the  same  empties  into  the  Missouri  river ;  thence  from  the 
point  aforesaid,  north  along  the  said  meridian  line  to  the  middle  of 
the  main  channel  of  the  Missouri  river  :  thence  up  and  following 
the  course  of  said  stream,  in  the  middle  of  the  main  channel  thereof, 
to  the  intersection  of  the  parallel  of  latitude  which  passes  through 
the  rapids  of  the  river  Des  Moines ;  thence  east  irofk  the  point  of 
intersection  last  aforesaid,  along  the  said  parallel  of  latitude,  to  the 
middle  of  the  main  channel  of  the  main  fork  of  the  said  river  Des 
Moines  ;  thence  down  along  the  middle  of  the  main  channel  of  the 
said  river  Des  Moines,  to  the  mouth  of  the  same  where  it  empties 
into  the  Mississippi  river  ;  thence  due  east  to  the  middle  of  the  main 
channel  of  the  Mississippi  river  ;  thence  down  and  following  the 
course  of  the  Mississippi  river,  in  the  middle  of  the  main  channel 
thereof,  to  the  place  of  beginning." 

2.  The  General  Assembly  shall  have  power  to  appoint  commis- 
sioners, to  act  in  conjunction  with  commissioners  from  any  other 
State,  to  adjust  the  eastern  boundary  of  the  State,  and  to  determine 
what  islands  in  the  Mississippi  river  are  within  the  limits  of  the 
State  of  Missouri. 

3.  The  General  Assembly  shall  have  power,  with  the  consent  of  the 
United  States,  to  acquire  additional  territory,  and  to  extend  the 
boundary  of  this  State  so  as  to  include  such  additional  territory  as 
may  hereafter  be  acquired  by  the  State. 

4.  All  that  territory  of  the  State  of  Missouri  which  is  bounded  on 
the  east  by  the  middle  of  the  main  channel  of  the  Mississippi  river, 
on  the  north  by  the  line  that  separates  townships  forty-four  and 
forty-five,  on  the  west  by  a  meridian  line  running  through  the  mid- 
dle of  range  six  east,  and  on  the  south  by  the  line  that  separates 
townships  forty-three  and  forty-four  north,  is  hereby  ceded  to  the 
government  of  the  United  States,  for  the  purpose  of  locating  and 
keeping  thereon  the  seat  of  government  of  the  United  States,  in 
conformity  to  the  sixteenth  clause  of  the  eighth  section  of  the  first 
article  of  the  Constitution  of  the  United  States.  This  section  shall 
not  take  effect  until  the  Congress  of  the  United  States  shall  have 
assented  to  the  same,  and  provided  for  the  removal  of  the  seat  of 
government  of  the  United  States  to  the  district  hereby  ceded  to  the 
United  States. 

ARTICLE  11. 

Of  the  Distribution  of  Powers. 

The  powers  of  government  shall  be  divided  into  three  distinct 
departments,  each  of  which  shall  be  confined  to  a  separate  magis- 
tracy :  and  no  person  charged  with  the  exercise  of  powers  properly 
belonging  to  one  of  these  departments,  shall  exercise  any  powers 
properly  belonging  to  either  of  the  others,  except  in  the  instances 
hereinafter  expressly  directed  or  permitted. 


MISSOURI.  459 


ARTICLE  III.— Of  the  Legislative  Power. 

Sec,  \ .  The  legislative  power  shall  be  vested  in  a  "  General  As- 
**emblj, '  which  shall  consist  of  a  Senate  and  House  of  Representa- 
tives. 

2.  The  House  of  Representatives  shall  consist  of  members  to  be 
chosen  every  second  year,  by  the  qualified  electors  of  the  several 
counties,  apportioned  in  the  following  manner,  to  wit :  The  ratio  of 
representation  shall  be  ascertained  at  each  apportioning  session  of 
the  Legislature,  by  dividing  the  whole  number  of  permanent  free 
white  inhabitants  of  the  State  by  the  number  one  hundred.  Each 
county  having  three-fifths  of  said  ratio  shall  be  entitled  to  one  rep- 
resentative ;  each  county  having  said  ratio  and  a  fraction  over, 
equal  to  two-thirds,  shall  be  entitled  to  two  representatives  ;  each 
county  having  twice  said  ratio,  and  a  fraction  over,  equal  to  two- 
thirds,  shall  be  entitled  to  three  representatives ;  each  county  hav- 
ing four  times  said  ratio  shall  be  entitled  to  four  representatives  : 
and  so  on  above  that  number,  giving  one  additional  member  for  each 
additional  ratio.  And  when  any  county,  entitled  to  more  than  two 
representatives,  shall  have  a  town  or  city  therein,  with  the  full 
amount  of  said  ratio,  such  town  or  city  shall  be  entitled  to  a  sepa- 
rate representation  from  the  county :  provided  the  residue  of  the 
county  shall  amount  to  the  ratio  :  and  in  such  case,  a  town  or  city 
shall  be  divided  into  as  many  separate  districts  aS  the  number  of 
members  apportioned  to  such  town  or  city,  containing  as  near  as  may 
be  an  equal  number  of  permanent  free  white  inhabitants,  which  divi- 
sion shall  be  made  by  the  tribunal  transacting  county  business  in  the 
county,  as  soon  after  each  apportionment  as  is  practicable,  and  shall 
not  be  changed  until  after  the  succeeding  apportionment ;  each  of 
which  districts  shall  elect  one  representative  :  provided.^  however,  that 
when  any  county  having  less  than  three-fifths  of  said  ratio,,  shall  not 
be  contiguous  to  any  other  county  with  less  than  three-fifths  thereof, 
such  county  shall  nevertheless  be  entitled  to  one  representative ; 
and  in  all  other  cases  of  small  counties  having  less  than  three-fifths, 
they  shall  be  formed  into  districts,  containing  two- thirds  of  said  ratio, 
and  shall  be  entitled  to  one  member  for  the  same. 

3.  No  person  shall  be  a  member  of  the  House  of  Representatives 
who  shall  not  have  attained  the  age  of  twenty-four  years,  who  shdll 
not  be  a  free  white  male  citizen  of  the  United  States,  who  shall  not 
have  been  an  inhabitant  of  this  State  two  years,  and  of  the  county  or 
district  which  he  represents  one  year  next  before  his  election,  if  such 
county  or  district  shall  have  been  so  long  established ;  but  if  not. 
then  of  the  county  or  counties,  district  or  districts,  from  which  the 
same  shall  have  been  taken,  and  who  shall  not  moreover  have  paid  a 
State  or  county  tax,  within  one  year  next  preceding  his  election. 

4.  The  General  Assembly,  at  their  first  session  after  the  adoption 
of  this  Constitution,  shall  cause  an  enumeration  of  the  permanent 

35 


460  CONSTITUTION    OF 


free  white  inhabitants  of  this  State  to  be  made,  and  at  the  first  ses- 
sion after  the  enumeration  shall  apportion  the  number  of  represen- 
tatives among  the  several  counties  as  directed  by  the  second  section 
of  this  article.  And  every  fourth  year  thereafter  they  shall  cause  a 
like  enumeration  to  be  made,  and  shall  apportion  the  representatives 
among  the  several  counties  according  to  the  same  section,  except  that 
two-thirds  of  the  ratio  shall  be  required,  instead  of  three-fifths,  to 
entitle  a  county  to  one  member. 

5.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the 
term  of  four  years.  No  person  shall  be  a  senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  who  shall  not  be  a  free  white 
male  citizen  of  the  United  States,  who  shall  not  have  been  an  inhab- 
itant of  this  State  four  years  next  preceding  his  election,  and  of 
the  district  which  he  may  be  chosen  to  represent  one  year  next  be- 
fore his  election,  if  such  district  shall  have  been  so  long  established, 
but  if  not,  then  of  the  district  or  districts  from  which  the  same 
shall  have  been  taken,  and  who  shall  not  moreover  have  paid  a  State 
or  county  tax  within  one  year  next  preceding  his  election. 

6.  The  Senate  shall  consist  of  not  less  than  twenty-five  nor  more 
than  thirty-three  members,  for  the  election  of  whom  the  State  shall 
be  divided  into  convenient  districts,  wliich  may  be  altered  from 
time  to  time,  and  new  districts  established,  as  public  convenience 
may  require ;  and  the  senators  shall  be  apportioned  among  the  seve- 
ral districts  according  to  the  number  of  permanent  free  white  inhab- 
itants in  each :  provided^  that  when  a  senatorial  district  shall  be 
composed  of  two  or  more  counties,  the  counties  of  which  such  district 
consists,  shall  not  be  entirely  separated  by  any  county  belonging  to 
another  district,  nor  shall  said  district,  so  composed  of  two  or  more 
counties,  be  entitled  to  more  than  one  senator  ;  and  no  county  shall 
be  divided  in  forming  such  a  district,  except  a  county  whose  popula- 
lation  shall  entitle  it  to  two  or  more  senators,  in  which  case  said  county 
shall  be  divided  by  the  tribunal  transacting  county  business  as  soon 
after  each  apportionment  as  is  practicable,  into  as  many  districts  as 
it  may  be  entitled  to  senators,  which  districts  shall  not  be  changed 
until  after  the  succeeding  apportionment,  each  of  which  districts 
shall  contain  as  near  as  may  be  an  equal  number  of  permanent  free 
white  inhabitants,  and  elect  one  senator  ;  and  any  person  otherwise 
qualified,  who  has  lived  in  such  senatorial  district  one  month, 
slfall  be  entitled  to  vote  in  the  same,  and  until  he  shall  acquire  the 
right  to  vote  in  such  district,  he  shall  be  entitled  to  vote  in  the  dis- 
trict from  which  he  removed. 

7.  At  the  first  session  of  the  General  Assembly,  the  senators 
shall  be  divided  by  lot,  as  equally  as  may  be,  into  two  classes.  The 
seats  of  the  first  class  shall  be  vacated  at  the  end  of  the  second  year, 
and  the  seats  of  the  second  class  at  the  end  of  the  fourth  year,  so 
that  one  half  of  the  senators  shall  be  chosen  every  second  year. 

8.  After  the  first  day  of  January  one  thousand  eight  hundred 
and  forty-eight,  all  general  elections  shall  commence  on  the  first 


MISSOURI.  461 


Monday  in  August,  and  shall  be  held  biennially,  and  the  electors  in 
all  cases  except  of  treason,  felony,  or  breach  of  peace,  shall  be  privi- 
leged from  arrest  during  their  continuance  at  elections,  and  in  going 
to  and  returning  from  the  same. 

9.  The  Governor  shall  issue  writs  of  election  to  fill  such  vacancies 
as  may  occur  in  either  house  of  the  General  Assembly. 

1 0.  Every  free  white  male  citizen  of  the  United  States,  who  may 
have  attained  the  age  of  twenty-one  years,  and  who  shall  have  re- 
sided in  this  State  one  year  before  an  election,  the  last  three  months 
whereof  shall  have  been  in  the  county  or  district  in  which  he  offers 
to  vote,  shall  be  deemed  a  qualified  elector  of  all  elective  officers ; 
where  a  county  shall  be  districted,  any  person  who  is  otherwise  qual- 
ified and  shall  have  resided  in  a  representative  district  for  one  month, 
shall  have  a  right  to  vote  in  such  district ;  and  until  he  acquires  a 
right  to  vote  in  the  district  to  which  he  has  removed,  he  shall  have 
the  right  to  vote  in  the  district  from  which  he  removed  :  provided^ 
that  no  soldier,  seaman,  or  mariner,  in  the  regular  army  or  navy  of 
the  United  States,  shall  be  entitled  to  vote  at  any  election  in  this 
State.  No  person  who  has  been  convicted  of  any  felonious  or  infamous 
crime  in  any  foreign  country,  or  any  State  of  this  Union,  or  who  has 
become  a  fugitive  froni  justice  from  such  country  or  State,  on  account 
of  the  commission  of  such  crime,  shall  be  permitted  to  vote  in  this 
State.  This  disqualification  shall  not  extend  to  any  offence  of  a  po- 
Utical  nature,  nor  to  any  offence  which  would  not  be  considered  fe- 
lonious or  infamous  in  this  State. 

11.  No  judge  of  any  court  of  law  or  equity.  Secretary  of  State, 
Attorney-General,  State  auditor.  State  or  county  treasurer,  register, 
or  recorder,  clerk  of  any  court  of  record,  sheriff,  coroner,  member 
of  Congress,  or  other  person  holding  any  lucrative  office  under  the 
United  States  or  of  this  State,  militia  officers,  justices  of  the  peace, 
and  postmasters  excepted,  shall  be  eligible  to  either  house  of  the 
General  Assembly. 

12.  No  person  who  now  is,  or  hereafter  may  be,  a  collector  or 
holder  of  public  money,  nor  any  assistant  or  deputy  of  such  collector 
or  holder  of  public  money,  shall  be  eligible  to  either  house  of  the 
General  Assembly,  nor  to  any  office  of  profit  or  trust,  unless  he  shall, 
prior  to  his  election  or  appointment,  have  accounted  for  and  paid  all 
sums  for  which  he  may  be  accountable. 

13.  No  person,  while  he  continues  to  exercise  the  functions  of  a 
bishop,  priest,  or  clergyman  or  teacher  of  any  religious  persuasion, 
denomination,  society,  or  sect  whatever,  shall  be  eligible  to  the  office 
of  Governor,  Lieutenant-Governor,  or  to  either  house  of  the  Gene- 
ral Assembly,  nor  to  the  office  of  judge  in  any  court  of  record. 

1 4.  The  General  Assembly  shall  have  power  to  exclude  from  every 
olfece  of  honor,  trust  or  profit,  within  this  State,  and  from  the  right 
of  suffrage,  all  persons  convicted  of  bribery  or  other  infamous  crime. 

15.  Every  person  who  shall  directly  or  indirectly  give,  or  offer 
any  bribe   to  procure  his  election  or  appointment  to  any  office,  or 


462  CONSTITUTION    OF 


the  election  or  appointment  of  any  other  person,  shall,  on  conviction, 
be  disqualified  for  an  elector,  and  for  any  office  of  honor,  profit  or 
trust  under  this  State. 

16.  No  senator  or  representative  shall,  during  the  term  for  -vyhich 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State,  during  said  term,  except  such  offices  as  shall  be  filled  by 
elections  by  the  people. 

1 7.  The  General  Assembly  shall  have  power  to  pass  laws  regulat- 
ing proceedings  in  cases  of  contested  elections  of  senators  and  rep- 
resentatives. Each  house  shall  appoint  its  own  officers,  and  shall 
judge  of  the  qualifications,  elections  and  returns  of  its  own  members. 
A  majority  of  each  house  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  com- 
pel the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties,  as  each  house  may  provide. 

18.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two-thirds  of  all  the  members  elected,  expel  any  member,  but  no 
member  shall  be  expelled  a  second  time  for  the  same  cause.  They 
shall  each,  from  time  to  time,  publish  a  journal  of  their  proceedings, 
except  such  parts  as  may  in  their  opinion  require  secrecy ;  and  the 
yeas  and  nays  on  any  question  shall  be  entered  on  the  journal  at  the 
desire  of  any  five  members. 

19.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
be  kept  open,  except  in  cases  which  may  require  secrecy,  and  each 
house  may  punish  by  fine  or  imprisonment,  any  person  not  a  mem- 
ber, who  shall  be  guilty  of  disrespect  to  the  house,  by  any  disorderly 
or  contemptuous  behavior  in  their  presence,  during  their  session : 
Provided^  that  such  fine  shall  not  exceed  three  hundred  dollars,  and 
such  imprisonment  shall  not  exceed  forty-eight  hours  for  one  offence. 

20.  Neither  house  shall  without  the  consent  of  the  other,  adjourn 
for  more  than  two  days  at  any  one  time,  nor  to  any  other  place  than 
to  that  in  which  the  two  houses  may  be  sitting. 

21.  Bills  may  originate  in  either  house,  and  may  be  altered, 
amended  or  rejected  by  the  other,  except  bills  for  raising  revenue, 
which  shall  originate  only  in  the  House  of  Representatives :  and 
every  bill  shall  be  read  on  three  diff'erent  days  in  each  house,  unless 
two- thirds  of  the  house  where  the  same  is  depending,  shall  dispense 
with  this  rule.  And  every  bill  having  passed  both  houses,  shall  be 
signed  by  the  speaker  of  the  House  of  Representatives,  and  by  the 
president  of  the  Senate. 

22.  When  any  officer,  civil  or  military,  shall  be  appointed  by  a 
joint  or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of 
either  house  of  the  Greneral  Assembly,  the  votes  shall  be  publicly 
given  viva  voce  and  entered  on  the  journals :  the  whole  list  of  mem- 
bers shall  be  called,  and  the  names  of  absentees  shall  be  noted  and 
published  with  the  journals. 

23.  The  senators  and  representatives,  in  all  cases,  except  of  treas- 


MISSOURI.  403 


on,  felony  or  breacli  of  the  peace,  shall  be  privileged  from  arrest, 
during  the  session  of  the  General  Assembly,  and  for  fifteen  days 
next  before  the  commencement  and  after  the  termination  of  each 
session,  and  for  any  speech  or  debate  in  either  house,  they  shall  not 
be  questioned  in  any  other  place. 

24.  The  members  of  the  General  Assembly  shall  severally  receive 
from  the  public  treasury  a  compensation  for  their  services,  which 
may  from  time  to  time  be  increased  or  diminished  by  law :  but  no 
alteration,  increasing  or  tending  to  increase  the  compensation  of 
members,  shall  take  effect  during  the  session  at  which  such  altera- 
tion shall  be  made ;  and  no  session  shall  continue  longer  than  sixty 
days. 

25.  The  General  Assembly  shall  direct  by  law,  First,  In  what 
manner  and  in  what  courts  suits  may  be  brought  against  the  State ; 
Second,  The  cases  in  which  deductions  shall  be  made  from  the 
salaries  of  public  officers  for  neglect  of  duty  in  their  official  capacity, 
and  the  amount  of  such  deductions. 

26.  The  General  Assembly  shall  have  no  power  to  pass  laws,  First, 
For  the  emancipation  of  slaves  without  the  consent  of  their  owners, 
and  without  paying  them,  before  such  emancipation,  a  full  equiva- 
lent for  such  slaves  so  emancipated,  and  removing  such  slaves  so 
emancipated  out  of  this  State ;  Second,  To  prevent  bona  fide  immi- 
grants to  this  State,  or  actual  settlers  therein,  from  bringing  from 
any  of  the  United  States  or  from  their  territories,  such  persons  as 
may  there  be  deemed  to  be  slaves,  so  long  as  any  persons  of  the  same 
description  are  allowed  to  be  held  as  slaves  by  the  laws  of  this  State. 

27.  The  General  Assembly  shall  have  power  to  pass  laws,  First, 
To  prohibit  the  introduction  into  this  State  of  any  slaves  who  may 
have  committed  any  high  crime  in  any  other  State  or  Territory. 
Second,  To  prohibit  the  introduction  of  any  slave  for  the  purpose 
of  speculation,  or  as  an  article  of  trade  or  merchandize.  Third,  To 
prohibit  the  introduction  into  this  State  of  any  slave,  or  the  ofispring 
of  any  slave,  who,  heretofore,  may  have  been,  or  who,  hereafter,  may 
be  imported  from  any  foreign  country  into  the  United  States  or  any 
territory  thereof,  in  contravention  of  any  existing  statute  of  the 
United  States  ;  and  Fourth,  To  permit  the  owners  of  slaves  to  eman- 
cipate them  (saving  the  rights  of  creditors),  where  the  persons  so 
emancipating  will  give  security  that  the  slaves  so  emancipated  shall 
be  forthwith  removed  out  of  the  State. 

28.  It  shall  be  the  duty  of  the  General  Assembly,  as  soon  as  may 
be,  to  pass  such  laws  as  may  be  necessary.  First,  To  prevent  free 
negroes  and  mulattoes  from  coming  to  and  settling  in  this  State, 
under  any  pretext  whatever :  provided^  that  nothing  in  this  Consti- 
tution.shall  be  construed  to  conflict  with  the  provisions  of  the  first 
clause  of  the  second  section  of  the  fourth  article  of  the  Constitution 
of  the  United  States.  Second,  To  oblige  the  owners  of  slaves  to 
treat  them  with  humanity,  and  to  abstain  from  all  injuries  to  them, 
extending  to  life  or  limb. 


464  CONSTITUTION    OF 


29.  In  prosecutions  for  felony  and  capital  crimes,  slaves  shall  not 
be  deprived  of  an  impartial  trial  by  jury,  and  courts  of  justice  be- 
fore whom  slaves  shall  be  tried,  shall  assign  them  counsel  for  their 
defense. 

30.  Any  person  who  shall  maliciously  deprive  of  life  or  dismem- 
ber a  slave,  shall  suffer  such  punishment  as  would  be  inflicted  for 
the  like  offence  if  it  were  committed  on  a  free  white  person. 

31.  The  General  Assembly  shall  have  no  power  to  pass  any  law 
whereby  any  debt  shall  be  created,  that  shall  cause  the  entire  in- 
debtedness of  the  State,  contracted  under  this  Constitution,  to  ex- 
ceed at  any  one  time,  twenty-five  thousand  dollars,  except  in  cases 
of  war,  insurrection  or  invasion.  But  the  General  Assembly  may 
propose  by  a  vote  of  a  majority  of  all  the  members  elected  to  both 
branches  thereof  the  creation  of  a  debt  for  any  specified  purpose, 
which  shall  be  submitted  to  the  direct  vote  of  the  people  at  the  next 
general  election  thereafter,  and  if  approved  by  a  majority  of  the 
qualified  voters  voting  on  such  question,  shall  be  of  full  force  and 
effect ;  provided^  that  each  proposition  shall  be  for  one  object  alone, 
and  shall  propose  the  ways  and  means,  by  taxation,  for  the  payment 
of  the  debt  and  interest  as  they  become  due  ;  and  provided  further, 
that  no  more  than  one  proposition  shall  be  submitted  by  any  one 
session  of  the  General  Assembly,  and  that  the  debt  proposed  shall 
not  have  a  longer  time  to  run  than  twenty  years. 

32.  The  General  Assembly  shall  not  have  power  to  grant  a  di- 
vorce in  any  case. 

33.  The  power  to  provide  for  the  organization  and  government 
of  the  militia  shall  be  vested  in  the  General  Assembly. 

34.  No  private  or  local  bill,  which  may  be  passed  by  the  General 
Assembly,  shall  embrace  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title. 

35.  The  Governor,  Lieutenant-Governor,  Secretary  of  State,  Au- 
ditor, Treasurer,  Attorney-General,  and  all  judges  of  the  courts  of 
law  and  equity,  shall  be  liable  to  impeachment  for  any  misdemeanor 
in  office,  but  judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office  and  disqualification  to  hold  any  office  of  honor, 
trust  or  profit,  under  the  State  government. 

36.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment.  All  impeachments  shall  be  tried  by  the  Senate,  and 
when  sitting  for  that  purpose  the  senators  shall  be  on  oath  or  affir- 
mation to  do  justice  according  to  law  and  evidence.  When  the  Gov- 
ernor shall  be  tried,  the  presiding  judge  of  the  Supreme  Court  shall 
preside,  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  all  the  senators  elected. 

37.  A  State  Treasurer  shall  be  biennially  appointed  by  a  joint 
vote  of  the  two  houses  of  the  General  Assembly,  who  shall  keep  his 
office  at  the  seat  of  government.  No  money  shall  be  drawn  from 
the  treasury  but  in  consequence  of  appropriations  made  by  law,  or 


MISSOURI.  465 


joint  resolution,  and  an  accurate  account  of  the  receipts  and  expen- 
ditures of  the  public  money  shall  be  annually  published. 

38.  The  appointment  of  all  officers  not  otherwise  directed  by  this 
Constitution,  shall  be  made  in  such  manner  as  may  be  prescribed 
by  law ;  and  all  officers,  both  civil  and  military,  under  the  authority 
of  this  State,  shall,  before  entering  on  the  duties  of  their  respective 
offices,  take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States  and  of  this  State,  and  to  demean  themselves  faithfully 
in  office.  Any  person  who,  after  the  ratification  of  this  Constitution, 
shall  be  engaged  in  a  duel  either  as  principal,  second,  surgeon,  ac- 
cessory, or  abettor,  or  in  giving,  accepting,  or  knowingly  carrying  a 
challenge  to  fight  a  duel,  shall  be  disqualified  from  holding  any  civil 
or  military  office  or  appointment  in  this  State,  and  if  any  person 
thus  disqualified  shall  receive  an  appointment,  election,  or  commis- 
sion, the  same  shall  be  void. 

39.  It  shall  be  the  duty  of  the  Greneral  Assembly  to  provide  by 
law,  for  the  mode  and  manner  in  which  the  survivor  of  a  duel,  and 
his  estate,  shall  be  rendered  responsible  to,  and  be  charged  with  a 
compensation  for  the  wife  and  children  of  the  deceased,  whom  he 
has  slain. 

40.  The  General  Assembly  shall  meet  on  the  first  Monday  of 
November,  1848,  and  thereafter  the  Greneral  Assembly  shall  meet 
once  in  every  two  years,  and  such  meeting  shall  be  on  the  first  Mon- 
day of  November,  unless  a  different  day  be  fixed  by  law. 

41.  No  county  now  established  by  law,  shall  ever  be  reduced  by 
the  establishment  of  new  counties,  or  otherwise,  to  less  than  twenty 
miles  square  :  nor  shall  any  county  hereafter  be  established  which 
shall  contain  less  than  five  hundred  square  miles,  nor  shall  any  new 
county  be  hereafter  organized,  so  as  to  entitle  such  county  to  separ- 
ate representation,  unless  the  number  of  permanent  free  white  in- 
habitants therein,  shall  at  the  time  be  equal  to  two-thirds  of  the  ratio 
of  representation  then  being,  but  may  be  organized  with  a  smaller 
number  for  all  other  purposes,  civil  and  military.  But  residuums 
of  territory  upon  the  northern  boundary  of  the  State,  containing  four 
hundred  square  miles,  may  have  county  organization. 

42.  No  person  holding  an  office  of  profit  under  the  United  States, 
shall,  during  his  continuance  in  office,  be  elected  or  appointed  to,  or 
hold  any  office  of  profit  under  this  State. 

43.  Within  ten  years  after  the  adoption  of  this  Constitution,  all 
the  statute  laws  of  a  general  nature,  both  civil  and  criminal,  shall 
be  revised,  digested  and  promulgated,  in  such  manner  as  the  General 
Assembly  shall  by  law  direct ;  and  a  like  revision,  digest  and  pro- 
mulgation, shall  be  made  at  the  expiration  of  every  subsequent  pe- 
riod of  sixteen  years. 

44.  The  style  of  the  laws  of  this  State  shall  be,  "  Be  it  enacted 
by  the  General  Assembly  of  the  State  of  Missouri." 


466  CONSTITUTION    OF 


ARTICLE  IV.— 0/  the  Executive  Power. 

Sec.  1.  The  supreme  executive  power  shall  be  vested  in  a  Chief 
Magistrate,  who  shall  be  styled  "the  Governor  of  the  State  of 
Missouri." 

2.  The  Grovernor  shall  be  at  least  thirty  years  of  age,  a  free  white 
citizen  of  the  United  States,  and  shall  have  been  a  citizen  of  the 
United  States  ten  years,  and  of  the  State  of  Missouri  at  least  five 
years  next  preceding  his  election. 

3.  The  Governor  shall  hold  his  office  for  four  years,  and  until  a 
successor  be  duly  elected  and  qualified.  He  shall  be  elected  in  the 
manner  following :  At  the  time  and  place  of  voting  for  members  of 
the  House  of  Kepresentatives,  the  qualified  electors  shall  vote  for  a 
Governor,  and  when  two  or  more  persons  have  an  equal  number  of 
votes,  and  a  higher  number  than  any  other  person,  the  election  shall 
be  decided  between  them  by  a  joint  vote  of  both  houses  of  the  Gen- 
eral Assembly,  at  their  next  session. 

4.  The  Governor  shall  be  ineligible  for  the  next  four  years  after 
the  expiration  of  his  term  of  service. 

5.  The  Governor  shall  be  commander-in-chief  of  the  army  and 
'navy  of  this  State,  except  when  they  shall  be  called  into  the  service 

of  the  United  States — but  need  not  command  in  person,  unless  ad- 
vised so  to  do  by  a  resolution  of  the  General  Assembly. 

6.  The  Governor  shall  have  power,  after  conviction,  to  remit  fines 
and  forfeitures,  and,  except  in  cases  of  impeachment,  to  grant  re- 
prieves and  pardons. 

7.  The  Governor  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  relative  to  the  State  of  the  Government,  and 
shall  recommend  to  their  consideration  such  measures  as  he  shall 
deem  necessary  and  expedient.  On  extraordinary  occasions,  he 
may  convene  the  General  Assembly  by  proclamation,  and  shall  state 
to  them  the  purpose  for  which  they  are  convened. 

8.  The  Governor  shall  take  care  that  the  laws  be  distributed  and 
faithfully  executed ;  and  he  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

9.  When  any  office,  except  that  of  sheriff  or  coroner,  shall  become 
vacant,  the  Governor  shall  appoint  a  person  to  fill  such  vacancy,  who 
shall  continue  in  office  until  a  successor  be  appointed  and  qualified 
according  to  law. 

10.  Every  bill  which  shall  have  been  passed  by  both  houses  of 
the  General  Assembly,  shall,  before  it  become  a  law,  be  presented 
to  the  Governor  for  his  approbation.  If  he  approve,  he  shall  sign 
it ;  if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  shall  have  originated ;  and  the  house  shall  cause  the  ob- 
jections to  be  entered  at  large  upon  its  journal,  and  shall  proceed 
to  reconsider  the  bill.  If,  after  such  reconsideration,  a  majority  of 
the  members  of  that  house  shall  agree  to  pass  the  same,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house ;  by  which  it 


MISSOURI.  467 


shall  be  in  like  manner  reconsidered ;  and,  if  approved  by  a  majority 
of  all  the  members  elected  to  that  house,  it  shall  become  a  law.  In 
all  such  cases,  the  votes  of  both  houses  shall  be  taken  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  and  against  the  bill 
shall  be  entered  on  the  journals  of  each  house,  respectively.  If  any 
bill  shall  not  be  returned  by  the  Grovernor  within  four  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
become  a  law,  in  like  manner  as  if  the  Governor  had  signed  it :  un- 
less the  General  Assembly,  by  its  adjournment,  shall  prevent  its  re- 
turn, in  which  case  it  shall  not  become  a  law. 

1 1.  Every  resolution,  to  which  the  concurrence  of  the  Senate  and 
House  of  Representatives  may  be  necessary,  except  in  cases  of  ad- 
journment, shall  be  presented  to  the  Governor,  and,  before  the  same 
shall  take  effect,  shall  be  proceeded  upon  in  the  same  manner  as  in 
the  case  of  a  bill. 

12.  There  shall  be  an  auditor  of  public  accounts,  whom  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the  Senate,  shall  ap- 
point. He  shall  continue  in  office  four  years,  and  until  his  successor 
is  duly  appointed  and  qualified  ;  and  shall  perform  such  duties  as 
may  be  prescribed  by  law.  His  office  shall  be  kept  at  the  seat  of 
government. 

13.  The  Governor  shall,  at  stated  times,  receive  for  his  services 
an  adequate  salary,  to  be  fixed  by  law ;  which  shall  neither  be  in- 
creased nor  diminished  after  his  election  and  during  his  continuance 
in  office. 

1 4.  There  shall  be  a  Lieutenant-Governor,  who  shall  be  elected 
at  the  same  time,  in  the  same  manner,  for  the  same  term,  and  shall 
possess  the  same  qualifications  as  the  Governor.  The  electors  shall 
distinguish  for  whom  they  vote  as  Governor  and  fo^:  whom  as  Lieu- 
tenant Governor. 

15.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office,  be 
President  of  the  Senate.  In  committee  of  the  whole,  he  may  debate 
on  all  questions ;  and,  when  there  is  an  equal  division,  he  shall  give 
the  casting  vote  in  the  Senate,  and  also  in  joint  vote  of  both  houses. 

16.  When  the  office  of  Governor  shall  become  vacant,  by  death, 
resignation,  absence  from  the  State,  removal  from  office,  refusal  to 
qualify,  impeachment,  or  otherwise,  the  Lieutenant-Governor,  or,  in 
case  of  like  disability  on  his  part,  the  President  of  the  Senate  pro 
tempore,  or  if  there  be  no  President  of  the  Senate  pro  tempore,  the 
Speaker  of  the  House  of  Representatives  shall  possess  all  the  powers 
and  discharge  all  the  duties  of  Governor,  and  shall  receive  for  his 
services  the  like  compensation,  until  such  vacancy  be  filled,  or  the 
Governor,  so  absent  or  impeached,  shall  return  or  be  acquitted  ;  and 
if,  at  any  time,  the  President  of  the  Senate  or  Speaker  of  the  House 
of  Representatives  shall  be  the  acting  Governor,  another  presiding 
officer  shall  be  chosen  in  his  place  by  the  body  over  which  he  presided. 

17.  Whenever  the  office  of  Governor  shall  become  vacant,  by 
death,  resignation,  removal  from  office,  or  otherwise,  the  Lieutenant- 


468  CONSTITUTION    OF 


Governor,  or  other  person  exercising  the  power  of  Governor  for  the 
time  being,  shall,  as  soon  as  may  be,  cause  an  election  to  be  held  to 
fill  such  vacancy,  giving  three  months  previous  notice  thereof;  and 
the  person  elected  shall  not  thereby  be  rendered  ineligible  to  the 
office  of  Governor  for  the  next  succeeding  term.  Nevertheless,  if 
such  vacancy  shall  happen  within  eighteen  months  of  the  end  of  the 
term  for  which  the  late  Governor  shall  have  been  elected,  the  same 
shall  not  be  filled. 

18.  The  Lieutenant-Governor  or  President  of  the  Senate  fro 
tempore,  while  presiding  in  the  Senate,  shall  receive  the  same  com- 
pensation as  shall  be  allowed  to  the  Speaker  of  the  House  of  Rep- 
resentatives. 

19.  The  returns  of  all  elections  of  Governor  and  Lieutenant- 
Governor,  shall  be  made  to  the  Secretary  of  State,  in  such  manner 
as  may  be  prescribed  by  law. 

20.  Contested  elections  of  Governor  and  Lieutenant-Governor, 
shall  be  decided  by  a  joint  vote  of  both  houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

21.  There  shall  be  a  Secretary  of  State,  whom  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  shall  appoint.  He 
shall  hold  his  office  during  the  continuance  in  office  of  the  Governor 
appointing  him,  and  until  'his  successor  shall  be  duly  qualified ;  un- 
less sooner  removed  on  impeachment.  He  shall  keep  a  register  of 
all  the  official  acts  and  proceedings  of  the  Governor,  and  when  ne- 
cessary shall  attest  the  same ;  and  he  shall  lay  the  same,  together 
with  all  papers  relative  thereto,  before  either  house  of  the  General 
Assembly,  whenever  required  so  to  do;  and  shall  perform  such 
other  duties  as  may  be  enjoined  on  him  by  law. 

*22.  The  Secretary  of  State  shall  keep  the  seal  of  State,  with  such 
emblems  and  devices  as  are  directed  by  law,  which  shall  not  be  sub- 
ject to  change.  It  shall  be  called  the  ''great  seal  of  the  State  of 
Missouri;"  and  all  official  acts  of  the  Governor,  his  approbation  of 
the  laws  excepted,  shall  be  thereby  authenticated. 

23.  There  shall  be  elected,  in  each  county,  by  the  qualified  elec- 
tors, at  the  time  and  place  of  electing  representatives,  a  sheriff  and 
a  coroner.  They  shall  serve  for  two  years,  and  until  a  successor  be 
duly  qualified,  unless  sooner  removed  for  misdemeanor  in  office  :  and 
shall  be  ineligible  four  years  in  any  period  of  eight  years.  The 
sheriff  and  coroner  shall  each  give  security  for  the  faithful  discharge 
of  the  duties  of  his  office,  in  such  manner  as  shall  be  prescribed  by 
law.  Whenever  a  county  shall  be  hereafter  established,  the  Govern- 
or shall  appoint  a  sheriff  and  coroner  therein,  who  shall  each  con- 
tinue in  office  until  the  next  succeeding  general  election,  and  until 
a  successor  shall  be  duly  qualified. 

24.  Whenever  vacancies  shall  happen  in  the  office  of  sheriff  or 
coroner,  the  judges  of  the  tribunal  transacting  county  business,  or 
a  majority  of  them,  shall,  as  soon  as  may  be,  cause  an  election  to  be 
held  to  fill  such  vacancy,  giving  fifteen  days  previous  notice  thereof; 


MISSOURI.  469 


said  judges  having  the  power,  in  the  meantime,  of  making  tempora- 
ry appointments ;  and  the  person  elected  shall  continue  in  office 
until  his  successor  is  dufy  qualified.  Nevertheless,  if  such  vacancy 
shall  happen  within  six  months  of  the  end  of  the  term  for  which  the 
late  sheriff  or  coroner  shall  have  been  elected  or  appointed,  the  said 
judges  or  a  majority  of  them,  may,  in  their  discretion,  order  such 
election  or  fill  such  vacancy  by  appointment,  and  the  sheriff  or  cor- 
oner so  elected  or  appointed,  shall  not  thereby  be  rendered  ineligi- 
ble for  the  next  succeeding  term. 

25.  In  all  elections  of  sheriff  and  coroner,  when  two  or  more  per- 
sons have  an  equal  number  of  votes,  and  a  higher  number  than  any 
other  person,  the  circuit  courts  of  the  counties  shall  give  the  casting 
vote.  And  all  contested  elections  shall  be  decided  by  the  circuit 
courts  respectively,  in  such  manner  as  the  General  Assembly  may 
by  law  prescribe. 

ARTICLE   Y.— Of  Judicial  Powers. 

Sec.  1.  The  judicial  power,  as  to  matters  of  law  and  equity,  shall 
be  vested  in  a  Supreme  Court,  circuit  courts,  county  courts,  justices 
of  the  peace,  and  such  other  tribunals  inferior  to  the  circuit  courts, 
as  the  General  Assembly  may  from  time  to  time  ordain  and  estab- 
lish. 

2.  The  Supreme  Court,  except  in  cases  otherwise  directed  by  this 
Constitution,  shall  have  appellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  under  the  restrictions  and  limitations 
in  this  Constitution  provided. 

3.  The  Supreme  Court  shall  have  a  general  superintending  con- 
trol over  all  inferior  courts ;  it  shall  have  power  to  issue  writs  of 
habeas  corpus,  mandamus,  prohibition,  quo  warranto,  information  in 
the  nature  of  writs  of  quo  warranto,  certiorari,  and  other  original 

'  remedial  writs,  and  to  hear  and  determine  the  same. 

4.  The  Supreme  Court  shall  consist  of  three  judges,  any  two  of 
whom  shall  be  a  quorum  ;  it  shall  hold  two  sessions  annually,  at  the 
seat  of  government,  until  otherwise  directed  by  law. 

5.  The  Governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  the  judges  of  the  Supreme  Court : 
each  judge  shall  be  appointed  for  the  term  of  twelve  years ;  and 
every  appointment  to  fill  a  vacancy  shall  be  for  the  residue  of  the 
term  only  ;  but  in  all  cases  the  judge  shall  hold  over  until  a  succes- 
sor shall  be  appointed  and  qualified. 

6.  The  judges  of  the  Supreme  Court  shall  be  conservators  of  the 
peace  throughout  the  State  ;  they  shall  receive  at  stated  times  an 
adequate  compensation  for  their  services,  to  be  fixed  by  law ;  which 
shall  not  be  diminished  during  the  term  for  which  they  shall  have 
been  appointed. 

7.  The  judges  of  the  Supreme  Court,  or  any  two  of  them,  shall 
appoint  the  clerk  of  said  court,  who  shall  hold  his  office  for  the  term 
of  six  years,  and  until  his  successor  is  appointed  and  qualified. 


470  CONSTITUTION    OP 


8.  No  judge  of  the  Circuit  Court  shall  be  elected  or  appointed  to 
any  office  of  honor,  profit,  or  trust,  under  the  government  of  this 
State,  during  the  term  for  which  he  shall  have  been  elected  or  ap- 
pointed, except  that  a  judge  of  the  Circuit  Court  may  be  appointed 
to  the  Supreme  Court :  Provided,  that  if  any  judge  shall  resign  his 
office,  he  shall  not  be  ineligible  to  any  office  for  a  longer  period  than 
twelve  months  after  such  resignation.  If  any  judge  shall  offer  or 
consent  to  be  a  candidate  for  any  office  under  the  government  of  the 
United  States,  such  offer  or  consent  shall  be  taken  and  considered 
a  voluntary  resignation  of  his  office. 

9.  The  State  shall  be  divided  into  ten  compact,  convenient  cir- 
cuits, which  number  of  circuits  shall  not  be  increased  within  ten 
years  after  the  adoption  of  this  Constitution. 

1 0.  No  circuit  shall  be  altered  or  changed  at  any  session  of  the 
General  Assembly  next  preceding  the  regular  election  for  judge  of 
such  circuit,  nor  shall  such  change  occur  oftener  than  once  in  six 
years,  but  the  General  Assembly  may  add  to  any  circuit  any  new 
county  hereafter  organized. 

11.  For  each  circuit  there  shall  be  a  judge  chosen  by  the  quali- 
fied electors  therein,  who  shall  hold  his  office  for  the  term  of  six 
years,  and  until  his  successor  shall  be  elected  and  qualified.  When 
a  vacancy  shall  happen  in  the  office  of  circuit  judge,  within  one  year 
of  the  expiration  of  the  term  for  which  he  was  elected,  such  vacancy 
shall  be  filled  by  an  appointment  by  the  Governor ;  in  all  other  cases 
of  vacancy  it  shall  be  filled  by  an  election.  He  shall  receive,  at 
stated  times,  an  adequate  compensation  for  his  services,  to  be  fixed 
by  law,  which  shall  not  be  diminished  during  the  term  for  which  he 
shall  have  been  elected.  After  his  election  he  shall  reside  and  be  a 
conservator  of  the  peace  in  said  circuit. 

12.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  circuit,  or 
if  he  be  sick,  absent,  or  from  any  cause  unable  to  hold  any  term  of  • 
court  of  any  county  of  his  circuit,  such  term  of  court  may  be  held 
by  a  judge  of  any  other  circuit ;  and  at  the  request  of  the  judge  of 
any  circuit,  any  term  of  court  in  his  circuit  may  be  held  by  the 
judge  of  any  other  circuit 

13.  The  Circuit  Court  shall  have  jurisdiction  over  all  criminal 
cases  not  otherwise  provided  for  by  law,  and  exclusive  original  juris- 
diction over  all  civil  cases  in  law  and  equity,  not  cognizable  before 
county  courts  or  justices  of  the  peace,  until  otherwise  directed  by 
law ;  it  shall  hold  its  terms  in  such  place  in  each  county,  and  at 
such  times,  as  the  General  Assembly  shall  by  law  direct. 

14.  The  Circuit  Court  shall  exercise  a  superintending  control  over 
all  inferior  courts,  and  entertain  appeals  therefrom  in  such  cases 
and  in  such  manner  as  shall  be  prescribed  by  law. 

15.  The  Circuit  Court,  as  a  court  of  chancery,  shall  have  power 
to  grant  divorces  in  all  cases  prescribed  by  law,  to  make  such  pro- 
visions for  the  aggrieved  party,  and  the  custody,  support  and  educa- 
tion of  minor  children,  as  shall  be  just  and  equitable. 


MISSOURI.  471 


1 6.  The  Supreme  Court  and  Circuit  Court  shall  exercise  chancery 
jurisdiction,  in  such  manner  and  under  such  restrictions  as  shall  be 
prescribed  by  law. 

17.  No  person  shall  be  appointed  judge  of  the  Supreme  Court,  or 
elected  judge  of  the  Circuit  Court,  unless  he  shall  be  a  citizen  of  the 
United  States,  shall  be  at  least  thirty  years  old,  and  shall  have  re- 
sided five  years  in  this  State. 

18.  The  clerks  of  the  Circuit  and  county  courts  shall  be  chosen  by 
the  qualified  electors  of  the  county,  and  shall  hold  their  ofiice  for 
the  term  of  six  years,  and  until  their  successors  shall  be  elected  and 
qualified ;  and  for  any  misdemeanor  in  office,  they  shall  be  liable  to 
be  tried  and  removed  in  such  manner  as  the  General  Assembly  shall 
provide  by  law ;  and  if  any  vacancy  in  the  office  of  the  clerk  of  the 
Circuit  or  county  court  shall  happen  within  one  year  next  before  the 
expiration  of  the  term  of  six  years,  the  judge  or  judges  of  the  court 
shall  fill  the  same — but  in  all  other  cases  a  vacancy  shall  be  filled 
by  an  election. 

19.  There  shall  be  in  each  county  a  county  court,  with  power  to 
transact  county  business,  and  to  perform  all  such  duties  as  may  be 
prescribed  by  law. 

20.  There  shall  be  in  each  township  of  every  county,  chosen  by 
the  qualified  electors  thereof,  as  many  justices  of  the  peace  as  the 
public  good  may  require  :  their  powers,  duties,  compensation,  liabil- 
ities and  tenure  of  office  shall  be  regulated  by  law. 

21.  There  shall  be  a  day  appointed  by  law,  for  the  election  of  ju- 
dicial officers  and  clerks,  distinct  from  the  day  of  any  other  election 
in  this  State. 

22.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  an  Attorney-General,  who  shall  hold  his  office 
for  the  term  of  four  years,  and  until  his  successor  shall  be  appointed 
and  qualified ;  he  shall  receive  at  stated  times  such  compensation  as 
shall  be  allowed  him,  and  shall  perform  such  duties  as  shall  be  re- 
quired by  law. 

23.  The  proceedings  of  all  courts  and  tribunals  shall  be  conduct- 
ed and  their  records  kept  in  the  English  language,  except  that  the 
proper  and  known  names  of  processes,  and  technical  words,  may  be 
expressed  in  the  language  heretofore  and  now  commonly  used  ;  all 
writs  and  processes  shall  run,  and  all  the  prosecutions  shall  be  con- 
ducted in  the  name  of  the  State  of  Missouri ;  all  writs  shall  be  test- 
ed by  the  clerk  of  the  court  from  which  they  issue,  and  all  indict- 
mients  shall  conclude,  "against  the  peace  and  dignity  of  the  State." 

24.  Any  judge  of  the  Supreme  or  Circuit  Court  may  be  removed 
from  office  on  the  address  of  three-fifths  of  each  house  of  the  General 
Assembly  to  the  Governor  for  that  purpose ;  but  each  house  shall 
state  on  its  journal  the  cause  for  which  it  may  desire  the  removal  of 
such  judge,  and  give  him  notice  thereof,  and  he  shall  have  the  right 
to  be  heard  in  his  defense  in  such  manner  as  the  General  Assembly 


472  CONSTITUTION    OF 


shall  direct ;  but  no  judge  shall  be  removed  for  any  cause  for  which 
he  might  have  been  impeached. 

25.  If  any  cause  shall  be  pending  in  the  Supreme  Court,  in  which 
all  or  either  of  the  judges  thereof  shall  be  personally  interested,  the 
Grovernor  shall  appoint  competent  persons  to  act  as  judges  during 
the  trial  of  such  cause,  in  the  place  of  the  judges  thus  interested. 

ARTICLE  Yl.— Of  Education. 
Sec.  1.  Schools,  and  the  means  of  education,  should  forever  be 
encouraged  in  this  State ;  and  the  General  Assembly  shall  take 
measures  to  preserve  from  waste  or  damage,  such  lands  as  have  been 
or  hereafter  may  be  granted  by  the  United  States  for  the  use  of 
schools  within  each  township  in  this  State,  and  shall  apply  the  funds 
which  may  arise  by  the  sale  or  otherwise,  from  such  lands,  in  a  strict 
conformity  to  the  object  of  the  grant. 

2.  There  shall  be  a  superintendent  of  public  schools,  who  shall  be 
appointed  in  such  mode  and  receive  such  compensation  as  the  Leg- 
islature shall  direct. 

3.  The  Legislature  shall  establish  free  public  schools  throughout 
the  State,  and  shall  provide  means  for  their  support,  by  taxation  on 
property,  and  by  capitation  tax  or  otherwise.  In  such  schools,  there 
shall  be  no  distinction  for  or  against  any  religious  sect  or  denomin- 
ation, and  all  the  scholars  shall  be  on  terms  of  equality.  And  in  all 
such  schools  the  English  language  shall  be  taught,  and  all  instruc- 
tions shall  be  given  in  that  language. 

4.  There  shall  be  appropriated  for  the  purposes  of  education,  by 
means  of  such  schools, — 

First.,  The  proceeds  of  all  lands  heretofore  granted  by  the  United 
States  to  this  State,  for  the  use  or  support  of  schools,  whether  de- 
rived from  sales  or  otherwise,  and  of  all  lands  which  hav-e  been  or 
which  may  hereafter  be  granted  or  devised  to  this  State,  and  not 
expressly  granted  or  devised  for  any  other  purpose ;  but  nothing  in 
this  subdivision  shall  be  construed  to  conflict  with  the  first  of  the 
five  propositions  contained  in  the  act  of  Congress  of  the  United 
States,  approved  March  the  sixth,  one  thousand  eight  hundred  and 
twenty,  entitled  "  An  act  to  authorize  the  people  of  Missouri  Terri- 
tory to  form  a  Constitution  and  State  government,  and  for  the  ad- 
mission of  such  State  into  the  Union,  on  an  equal  footing  with  the 
original  States,  and  to  prohibit  slavery  in  certain  territories." 

Second,  The  proceeds  of  the  estates  of  all  deceased  persons,  to 
which  the  State  has  become  entitled  by  law,  and  which  have  not 
been  otherwise  appropriated  ;  and  of  the  estates  of  all  deceased  per- 
sons which  the  State  may  hereafter  become  entitled  to  by  law :  and 
of  all  fines  and  forfeitures  that  may  hereafter  accrue  according  to 
law  in  this  State. 

Third,  All  moneys,  with  the  interest  thereon,  received  by  this 
State  from  the  United  States,  by  virtue  of  an  act  of  Congress,  ap- 
proved June  twenty-third,  one  thousand  eight  hundred  and  thirty- 


MISSOURI.  473 


six.  entitled  "  An  act  to  regulate  the  deposits  of  the  public  money : 
Provided,  That  if  said  money  be  called  for  by  the  United  States,  it 
shall  be  refunded  accordingly. 

Fourth^  The  proceeds  and  income  of  the  five  hundred  thousand 
acres  of  land  granted,  by  the  United  States  to  this  State,  by  act  of 
Congress,  approved  September  the  fourth,  eighteen  hundred  and 
forty-one :  Provided,  That  the  Congress  of  the  United  States  shall 
assent  to  this  disposition  of  said  five  hundred  thousand  acres  ;  aiid^ 
provided  further^  That  the  interest  which  may  arise  from  the  portion 
of  the  school  fund  in  this  subdivision  mentioned,  shall  be  appropri- 
ated among  the  several  counties  in  this  State,  share  and  share  alike. 
And  the  appropriations  in  this  section  provided,  shall  be  held  by 
the  State  as  a  loan,  and  shall  be  and  remain  a  permanent  fund,  on 
which  the  State  shall  pay  an  interest  of  at  least  six  per  centum 
per  annum,  which  interest  shall  be  annually  appropriated  to  the  sup- 
port of  such  schools,  and,  if  not  expended,  shall  be  added  to  and  be- 
come a  part  of  the  principal ;  and  this  appropriation  shall  remain 
inviolable. 

5.  All  moneys,  including  principal  and  interest,  arising  from  the 
sales  which  have  been  or  hereafter  may  be  made  of  any  lands  grant- 
ed by  the  United  States  to  this  State,  for  the  use  of  a  seminary  of 
learning,  and  the  proceeds  of  all  such  lands  remaining  unsold,  and 
the  proceeds  of  all  donations  that  may  hereafter  be  made  for  that 
purpose,  shall  be  and  remain  a  perpetual  fund,  upon  which  the  State 
shall  pay  an  annual  interest  of  at  least  six  per  cent.,  which  shall  be 
appropriated  to  the  seminary  of  learning  established  for  the  promo- 
tion of  literature,  and  the  arts  and  sciences,  by  an  act  of  the  General 
Assembly  of  this  State,  approved  February  the  eleventh.  Anno  Do- 
mini one  thousand  eight  hundred  and  thirty-nine,  by  the  name  of 
"  the  curators  of  the  rniversity  of  the  State  of  Missouri,"  and  lo- 
cated in  the  town  of  Columbia,  in  the  county  of  Boone. 

ARTICLE  Nil.— Of  the  Seat  of  Government. 

The  seat  of  government  is  hereby  permanently  established  at  the 
city  of  Jeff'erson,  in  the  county  of  Cole. 

ARTICLE  VIII.— Of  Banks  and  Corporations. 

Sec.  1.  No  corporate  body  shall  hereafter  be  created,  renewed  or 
extended,  with  the  privilege  of  making,  issuing,  or  putting  in  circu- 
lation, any  bill,  check,  ticket,  certificate,  promissory  note  or  other 
paper,  or  the  paper  of  any  other  bank,  to  circulate  as  money. 

2.  No  corporation,  except  for  political  or  municipal  purposes,  or 
for  the  purpose  of  education  or  of  charity,  shall  be  created,  unless 
the  bill  creating  the  same  shall  contain  a  provision  that  the  charter 
of  such  corporation  may  be  repealed  and  annulled  by  a  majority  of 
both  houses  of  the  General  Assembly.  And  the  stockholders  in  all 
private  corporations,  except  corporations  for  the  purpose  of  education 
and  of  charity,  shall  be  responsible,  in  their  individual  and  private 


474  CONSTITUTION    OP 


capacity,  for  all  debts  and  liabilities  of  every  kind,  incurred  by  such 
incorporation.  Nor  shall  any  corporation  bo  created  for  a  longer 
period  than  twenty  years ;  and  no  corporation  shall  exercise  any 
privileges  prohibited  in  the  preceding  section.  And  the  State  shall 
not  be  part  owner  of  the  stock  or  property  belonging  to  any  corpo- 
ration. Nor  shall  the  common  school  or  seminary  funds,  nor  any 
other  funds  or  monies,  which  the  State  may,  at  any  time,  hold  in 
trust  for  the  citizens  of  this  State,  be  placed  in,  or  loaned  to  any 
bank  or  other  incorporated  institution. 

3.  The  Legislature  shall  prohibit,  by  law,  individuals  and  corpo- 
rations, except  the  bank  of  the  State  of  Missouri,  and  its  branches, 
from  issuing  bills,  checks,  tickets,  promissory  notes,  or  other  paper 
to  circulate  as  money.  No  lottery  shall  be  authorized  by  this  State, 
and  the  buying  or  selling  of  lottery  tickets  within  this  State  is 
prohibited. 

4.  The  Legislature  shall  have  power,  by  law.  to  provide  for  the 
sale  and  final  disposition  of  all  or  any  part  of  the  stock  owned  by 
the  State  in  the  bank  of  the  State  of  Missouri,  upon  such  terms  and 
conditions  as  shall  be  by  law  established  ;  and  if  a  part  only  of  said 
stock  shall  be  disposed  of,  then  the  number  of  directors,  on  the  part 
of  the  State,  shall  be  diminished  in  proportion  to  the  amount  of 
stock  sold  ;  and  whenever  the  whole  stock  of  the  State  shall  have  been 
disposed  of,  all  right  on  the  part  of  the  State  to  a  directory  in  said 
bank  shall  cease,  but  the  charter  for  the  benefit  of  the  private  stock- 
holders shall  not  be  thereby  affected  or  destroyed.  And  provision 
shall  be  made  to  enable  the  private  stockholders  to  have  a  voice  in 
the  election  of  presidents  of  the  bank  and  branches,  in  proportion 
to  the  amount  of  stock  owned  by  them  ;  and  when  all  of  the  stock 
of  the  State  shall  be  sold,  the  president  of  the  bank  and  branches 
shall  be  elected  by  the  private  stockholders. 

ARTICLE  IX. 

Of  the  disposal  of  the  Soil,  and  the  navigation  of  Rivers, 

Sec.  1.  The  Greneral  Assembly  of  this  State  shall  never  interfere 
with  the  primary  disposal  of  the  soil  by  the  United  States,  nor  with 
any  regulation  Congress  may  find  necessary  for  securing  the  title  in 
the  soil  to  the  bona  fide  purchasers.  No  tax  shall  be  imposed  on  land, 
the  property  of  the  United  States,  nor  shall  lands  belonging  to 
persons  residing  out  of  the  limits  of  this  State,  ever  be  taxed  higher 
than  the  lands  belonging  to  persons  residing  within  the  State. 

2.  The  State  shall  have  concurrent  jurisdiction  on  the  river  Mis- 
sissippi, and  on  every  other  river  bordering  on  the  said  State,  so  far 
as  the  said  river  shall  form  a  common  boundary  to  the  said  State, 
and  any  other  State  or  States  now  or  hereafter  to  be  formed  and 
bounded  by  the  same  ;  and  the  said  river  Mississippi,  and  the  navi- 
gable rivers  and  waters  leading  into  the  same,  whether  bordering  on 
or  within  the  State,  shall  be  common  highways,  and  forever  free  to 


MISSOURI.  475 


the  citizens  of  this  State  and  the  United  States,  without  any  tax, 
duty,  impost  or  toll  therefor  imposed  by  this  State. 

AB,TICLE  X. — Mode  of  arrtending  the  Constitution. 

The  General  Assembly  may,  in  the  year  eighteen  hundred  and 
fifty,  and  every  four  years  thereafter,  propose  such  amendments  to 
this  Constitution,  as  a  majority  of  all  the  members  elected  to  each 
house  shall  deem  expedient,  and  the  vote  upon  each  proposition  shall 
be  taken  by  yeas  and  nays  in  each  house ;  and  the  Governor  shall  cause 
such  amendments  to  be  published  in  at  least  one  newspaper  in  each 
county  in  this  State,  where  a  newspaper  is  published,  at  least  six 
months  before  the  next  succeeding  general  election.  And  it  shall 
be  the  duty  of  the  several  officers  in  this  State,  who  shall  make  out 
poll-books  for  the  general  election  for  that  year,  to  put  in  each,  two 
columns  for  each  amendment,  headed  one  for,  and  the  other  against, 
the  amendment  to  the  Constitution.  And  it  shall  be  the  duty  of 
the  officers  conducting  said  elections,  to  take  the  vote  of  each  voter, 
for  or  against  such  amendments  separately,  and  to  have  the  same 
recorded  in  appropriate  columns.  When  said  poll-books  are  returned 
to  the  officer  authorized  by  law  td  receive  them,  said  officer  shall 
make  out  and  forward  to  the  Secretary  of  State,  within  ten  dayg 
after  he  receives  such  poll-books,  an  abstract  of  the  votes  given,  for 
and  against  each  of  said  amendments,  together  with  an  abstract  of 
the  whole  number  of  votes  cast  in  their  respective  counties,  cities  or 
districts,  in  the  same  manner  as  the  votes  for  Governor  and  Lieu- 
tenant-Governor :  and  if  a  majority  of  all  the  votes  given  at  said 
election  are  in  favor  of  any  one  of  said  amendments,  the  Governor, 
shall  issue  his  proclamation,  declaring  the  same  to  be  a  part  of  the 
Constitution,  from  and  after  the  date  of  such  proclamation. 

ARTICLE  XI.— Declaration  of  Rights. 

That  the  general,  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  we  declare  : 

Sec.  1.  That  all  political  power  is  vested  in  and  derived  from  the 
people. 

2.  That  the  people  of  this  State  have  the  inherent,  sole,  and  ex- 
clusive right  of  regulating  the  internal  government  and  police 
thereof,  and  of  altering  and  abolishing  their  Constitution  and  form 
of  government,  whenever  it  may  be  necessary  to  their  safety  and 
happiness. 

3.  That  the  people  have  the  right  peaceably  to  assemble  for  their 
common  good,  and  to  apply  to  those  vested  with  the  powers  of  gov- 
ernment for  redress  of  grievances,  by  petition  or  remonstrance  : 
and  that  their  right  to  bear  arms  in  defense  of  themselves  and  of 
the  State  cannot  be  questioned. 

4.  That  all  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God,  according  to  the  dictates  of  their  own  consciences  ; 
that  no  man  can  be  compelled  to  erect,  support,  or  attend  any  place 

36 


476  CONSTITUTION    OF 


of  worship,  or  to  maintain  any  minister  of  the  gospel  or  teacher  of 
religion  ;  that  no  human  authority  can  control  or  interfere  with  the 
rights  of  conscience ;  that  no  person  can  ever  be  hurt,  molested  or 
restrained  in  his  religious  professions  or  sentiments,  if  he  do  not 
disturb  others  in  their  religious  worship. 

5.  That  no  person,  on  account  of  his  religious  opinions,  can  be 
rendered  ineligible  to  any  office  of  trust  or  profit  under  this  State  ; 
that  no  preference  can  ever  be  given  by  law  to  any  sect  or  mode  of 
worship ;  and  that  no  religious  corporation  can  ever  be  established 
in  this  State.  No  religious  sect  or  society  should  be  permitted  to 
accumulate  or  hold  in  mortmain  large  bodies  of  land  or  other  prop- 
erty, and  all  extensive  ecclesiastical  perpetuities  are  dangerpus  to  lib- 
erty. Provided^  That  any  religious  society  may  hold,  in  any  assumed 
name,  so  much  land  as  may  be  necessary  for  a  house  and  buildings 
for  public  worship — for  a  parsonage,  and  for  a  burying-ground — and 
for  no  other  purpose  whatever  ;  but  no  congregation,  for  such  pur- 
poseS;,  shall  own  more  than  one  acre  of  land  in  a  town,  nor  more 
than  ten  acres  in  the  country.  And  provided,  That  nothing  in  this 
section  shall  ever  be  construed  to  divest  any  right  or  title  heretofore 
vested. 

6.  That  all  elections  shall  be  free  and  equal. 

7.  That  courts  of  justice  ought  to  be  open  to  every  person,  and 
certain  remedy  afforded  for  every  injury  to  person,  property  or  char- 
acter ;  and  that  right  and  justice  ought  to  be  administered  without 
sale,  denial  or  delay ;  and  that  no  private  property  ought  to  be  taken 
or  applied  to  public  use  without  just  compensation. 

8.  That  the  right  of  trial  by  jury  shall  remain  inviolable. 

9.  That  in  all  criminal  prosecutions,  the  accused  has  the  right  to 
be  heard  by  himself  and  his  counsel ;  to  demand  the  nature  and 
cause  of  the  accusation ;  to  have  compulsory  process  for  witnesses 
in  his  favor  :  to  meet  the  witnesses  against  him  face  to  face  ;  and  in 
prosecutions  or  presentment  or  indictment,  to  a  speedy  trial  by  an 
impartial  jury  of  the  county  ;  and  that  the  accused  cannot  be  com- 
pelled to  give  evidence  against  himself,  nor  be  deprived  of  life,  lib- 
erty, or  property,  but  by  the  judgment  of  his  peers  or  the  law  of 
the  land. 

10.  That  no  person,  after  having  been  once  acquitted  by  a  jury, 
of  felony,  or  other  crime  or  misdemeanor,  can  for  the  same  offence 
be  again  put  in  jeopardy  of  life,  limb  or  liberty  ;  but  if  in  any  crim- 
inal prosecution,  the  jury  be  divided  in  opinion,  the  court  before 
which  the  trial  shall  be  had,  may,  in  its  discretion,  discharge  the 
jury,  and  commit  or  bail  the  accused  for  trial  at  the  next  term  of 
such  court. 

\\.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  ex- 
cept for  capital  offences,  when  the  proof  is  evident  or  the  presump- 
tion great ;  and  the  privilege  of  the  writ  of  habeas  corpus  cannot  be 
suspended  unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 


MISSOURI.  477 


12.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

13.  That  the  people  ought  to  be  secure  in  their  persons,  papers, 
houses  and  effects,  from  unreasonable  searches  and  seizures ;  and 
no  warrant  to  search  any  place  or  seize  any  person  or  thing,  can 
issue  without  describing  the  place  to  be  searched,  and  the  person 
or  thing  to  be  seized,  as  nearly  as  may  be,  nor  without  probable 
cause,  supported  by  oath  or  affirmation. 

14.  That  no  person  can,  for  an  indictable  offerfbe,  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  actual  service  in  the  time 
of  war  or  public  danger,  or  by  leave  of  the  court,  for  oppression  or 
misdemeanor  in  office. 

15.  That  treason  against  the  State  can  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort ;  that  no  person  can  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  his  own  con- 
fession in  open  court ;  that  no  person  can  be  attainted  of  treason 
or  felony  by  the  General  Assembly ;  that  no  conviction  can  work 
corruption  of  blood  or  forfeiture  of  estate  ;  that  the  estates  of  such 

.persons  as  may  destroy  their  own  lives,  shall  descend  or  vest  as  in 
cases  of  natural  death  :  and  when  any  person  shall  be  killed  by 
casualty,  there  ought  to  be  no  forfeiture  by  reason  thereof. 

16.  That  the  free  communication  of  thoughts  and  opinions  is  one  of  the  invalu- 
able rights  of  man,  and  that  every  person  may  freely  speak,  write  and  print  on  any 
subject,  being  responsible  for  the  abuse  of  that  liberty ;  and  in  all  prosecutions  for 
libels,  the  truth  thereof  may  be  given  in  evidence,  and  the  jury  may  determine  the 
law  and  the  facts  under  the  direction  of  the  Court. 

17.  That  no  ex  post  facto  law,  nor  law  impairing  the  obligation  of  contracts,  or 
retrospective  in  its  operation,  can  be  passed  ;  nor  can  the  person  of  a  debtor  be  im- 
prisoned for  debt  after  he  shall  have  surrendered  his  property  for  the  benefit  of  his 
creditors,  in  such  manner  as  may  be  prescribed  by  law. 

18.  That  no  person,  who  is  religiously  scrupulous  of  bearing  arms,  can  be  com- 
pelled to  do  so,  but  may  be  compelled  to  pay  an  equivalent  for  military  services,  in 
such  manner  as  shall  be  prescribed  by  law ;  and  that  no  priest,  preacher  of  the  gos- 
pel, or  teacher  of  any  religious  persuasion  or  sect,  regularly  ordained  as  such,  be 
subject  to  military  duty,  or  compelled  to  bear  arms. 

19.  That  all  property  subject  to  taxation  in  this  State,  shall  be  taxed  in  propor- 
tion to  its  value. 

20.  That  no  title  of  nobility,  hereditary  emolument,  privilege  or  distinction,  shall 
be  granted;  nor  any  ofiice  created,  the  duration  of  which  shall  be  longer  than  the 
good  behavior  of  the  oflScer  appointed  to  fill  the  same. 

21.  That  migration  from  this  State  cannot  be  prohibited. 

22.  That  the  military  is,  and  in  all  cases  and  at  all  times  shall  be,  in  strict  subor- 
dination to  the  civil  power ;  that  no  soldier  can,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  such  man- 
ner as  may  be  prescribed  by  law ;  nor  can  any  appropriation  for  the  support  of  an 
army  be  made  for  a  longer  period  than  two  years. 

23.  That  everything  in  this  article  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate,  and  that  all  acts  of  the  Legislature  con- 
trary to  this  or  any  other  article  of  this  Constitution  shall  be  void. 


ARKANSAS. 


Arkansas  was  a  part  of  the  Louisiana  purch-!se.  It  became  a  separate  ienitdry 
in  1819,  and  in  1836  it  adopted  its  Constitution  and  was  admitted  into  the  union  as 
a  sovereign  State.     It  derives  its  name  from  the  ^reat  river  which  runs  through  it. 

Area,  54,500  sq.  ra.  Pop.  in  1850,  209,639,  of  whom  46,982  were  slaves,  and  587 
Free  clored. 

CONSTITUTION. 

We,  the  people  of  the  Territory  of  Arkansas,  by  our  representatives,  in  Con- 
vention assembled  at  Little  Rock,  on  Monday,  the  4th  day  of  January,  A.  D. 
1836,  and  of  the  independence  of  the  United  States  the  sixtieth  year,  having 
the  right  of  admission  into  the  Union  as  one  of  the  United  States  of  America, 
consistent  with  the  federal  Constitution,  and  by  virtue  of  the  treaty  of  cession 
by  France  to  the  United  States,  of  the  province  of  Louisiana,  in  order  to  secure 
to  ourselves  and  our  posterity  the  enjoyment  of  all  the  rights  of  life,  liberty,  and 
property,  and  the  free  pursuit  of  happiness,  do  mutually  agree  with  each  other 
to  form  ourselves  into  a  free  and  independent  State,  by  the  name  and  style  of 
*'  The  State  of  Arkansas,"  and  do  ordain  and  establish  the  following  Constitu- 
tion for  the  government  thereof: 


ARKANSAS.  479 


ARTICLE  I.— Of  Boundaries. 

We  do  declare  and  establish,  tatil'y  and  confirm,  the  following  as  the  perma- 
nent boundaries  of  said  State  of  Arkansas,  that  is  to  say :  Beginning  in  the  main 
channel  of  the  Mississippi  river,  on  the  parallel  of  thirty-six  degrees  north  lat- 
itude ;  running  from  thence  west,  with  the  said  parallel  of  latitude,  to  the  St. 
Francis  river ;  thence  up  the  middle  of  the  main  channel  of  said  river  to  the 
parallel  of  thirty-six  degrees  thirty  minutes  north ;  from  thence  west,  to  the 
south-west  corner  of  the  State  of  Missouri ;  and  thence  to  be  bounded  on  the 
west,  to  the  north  bank  of  Red  river,  as  by  acts  of  Congress  and  treaties  here- 
tofore defining  the  western  limits  of  the  territory  of  Arkansas ;  and  to  be  bound- 
ed on  the  south  side  of  Red  river  by  the  Mexican  boundary  line,  to  the  north- 
west corner  of  the  State  of  Louisiana ;  thence  east,  with  the  Louisiana  State 
line,  to  the  middle  of  the  main  channel  of  the  Mississippi  river;  thence  up  the 
middle  of  the  main  channel  of  said  river  to  the  thirty-sixth  degree  of  north  lat- 
itude, the  point  of  beginning. 

ARTICLE  II.— Declaration  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  government  may 
be  recognized  and  unalterably  established,  we  declare : 

Sec.  1.  That  all  freemen,  when  they  form  a  social  compact,  are  equal,  and 
have  certain  inherent  and  indefeasible  rights,  among  which  are  those  of  enjoy- 
ing and  defending  life  and  liberty ;  of  acquiring,  possessing,  and  protecting 
property  and  reputation ;  and  of  pursuing  their  own  happiness. 

2.  That  all  power  is  inherent  in  the  people  ;  and  all  free  governments  are 
Ibunded  on  their  authority,  and  instituted  for  their  peace,  safety,  and  happiness. 
For  the  advancement  of  these  ends,  they  have,  at  all  times,  an  unqualified  right  to 
alter,  reform,  or  abolish  their  government,  in  such  manner  as  they  may  think 
proper. 

3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Almighty 
God  according  to  the  dictates  of  their  own  consciences  ;  and  no  man  can  of 
right  be  compelled  to  attend,  erect,  or  support  any  place  of  worship,  or  to  main- 
tain any  ministry,  against  his  consent.  That  no  human  authority  can,  in  any 
case  whatever,  interfere  with  the  rights  of  conscience ;  and  that  no  preference 
shall  ever  be  given  to  any  religious  establishment  or  mode  of  worship. 

4.  That  the  civil  rights,  privileges,  or  capacities  of  any  citizen  shall  in  no- 
wise be  diminished  or  enlarged,  on  account  of  his  religion. 

5.  That  all  elections  shall  be  free  and  equal, 

6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

7.  That  printing  presses  shall  be  free  to  every  person ;  and  no  law  shall  ever 
be  made  to  restrain  the  rights  thereof  The  free  communication  of  thoughts 
and  opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen  may 
freely  speak,  write,  and  print,  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty. 

8.  In  prosecutions  for  the  publication  of  papers  investigating  the  official  con- 
duct of  officers  or  men  in  public  capacity,  or  where  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may  be  given  in  evidence ;  and 
in  all  indictments  for  libels,  the  jury  may  have  the  right  to  determine  the  law 
and  the  fa';ts. 

9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and  pos- 
sessions, from  unreasonable  searches  and  seizures ;  and  that  general  warrants, 
whereby  any  officer  may  be  commanded  to  search  suspected  places,  without  evi- 
dence of  the  fact  committed,  or  to  seize  any  person  or  persons  not  named,  whose 
offences  are  not  particularly  described,  and  supported  by  evidence,  are  danger- 
ous to  liberty,  and  shall  not  be  granted. 

10.  That  no  freeman  shall  be  taken  or  imprisoned,  or  disseized  of  his  free- 
hold, liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any  manner  destroyed 
or  deprived  of  his  life,  liberty,  or  property,  but  by  the  judgment  of  his  peers,  or 
the  law  of  the  land. 


480  CONSTITUTION    OF 


11.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be  heard, 
by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the  accusation 
against  him,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face; 
to  have  compulsory  process  for  obtaining  witnesses  in  his  favor ;  and,  in  pros- 
ecutions by  indictment  or  presentment,  a  speedy  public  trial,  by  an  impartial 
jury  of  the  county  or  district  in  which  the  crime  shall  have  been  committed ; 
and  shall  not  be  compelled  to  give  evidence  against  himself. 

12.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy  of 
life  or  limb. 

13.  That  all  penalties  shall  be  reasonable,  and  proportioned  to  the  nature  of 
the  offence. 

14.  That  no  man  shall  be  put  to  answer  any  criminal  charge,  but  by  present- 
ment, indictment,  or  impeachment. 

15.  That  no  conviction  shall  work  corruption  of  blood,  or  forfeiture  of  estate. 

16.  That  all  prisoners  shall  be  bailable  by  sufficient  securities,  unless  in 
capital  offences,  where  the  proof  is  evident,  or  the  presumption  great ;  and  the 
privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  where, 
in  case  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

17.  That  excessive  bail  shall  in  no  case  be  required,  nor  excessive  fines  im- 
posed. 

18.  That  no  ex  fost  facto  law,  nor  any  law  impairing  the  obligation  of  con- 
tracts, shall  ever  be  made. 

19.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  repub- 
lic, and  shall  not  be  allowed ;  nor  shall  any  hereditary  emoluments,  privileges, 
or  honors  ever  be  granted  or  conferred  in  this  State, 

20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble  to- 
gether for  their  common  good,  to  instruct  their  representatives,  and  apply  to 
those  invested  with  the  power  of  government  for  redress  of  grievances,  or  other 
proper  purposes,  by  address  or  remonstrance. 

21.  That  the  free  white  men  of  this  State  shall  have  a  right  to  keep  and  to 
bear  arms  for  their  common  defense. 

22.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  with- 
out the  consent  of  the  owner ;  nor,  in  time  of  war,  but  in  a  manner  prescribed 
by  law. 

23.  The  military  shall  be  kept  in  strict  subordination  to  the  civil  power. 

24.  This  enumeration  of  rights  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people ;  and,  to  guard  against  any  encroachments  on  the 
rights  herein  retained,  or  any  transgression  of  any  of  the  higher  powers  herein 
delegated.  We  declare,  that  everything  in  this  article  is  excepted  out  of  the  gen- 
eral powers  of  government,  and  shall  forever  remain  inviolate ;  and  that  all 
laws  contrary  thereto,  or  to  the  other  provisions  herein  contained,  shall  be  void. 

ARTICLE  III. 

Sec.  1.  The  powers  of  the  government  of  the  State  of  Arkansas  shall  be  di- 
vided into  three  distinct  departments,  each  of  them  to  be  confided  to  a  separate 
body  of  magistracy,  to  wit:  those  which  are  legislative,  to  one;  those  which 
are  executive,  to  another;  and  those  which  are  judicial,  to  another. 

2.  No  person,  or  collection  of  persons,  being  of  one  of  these  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others ;  except  in 
the  instances  hereinafter  expressly  directed  or  permitted. 

ARTICLE  lY .—Legislative  Deparimient. 

Sec.  1.  The  legislative  power  of  this  State  shall  be  vested  in  a  General  As- 
sembly, which  shall  consist  of  a  Senate  and  House  of  Representatives. 

Qualifications  of  Electors. 

2.  Every  free  white  male  citizen  of  the  United  States,  who  shall  have  attain- 
ed the  age  of  twenty-one  years,  and  who  shall  have  been  a  citizan  of  this  State 
six  months,  shall  be  deemed  a  qualified  elector,  and  be  entitled  to  vote  in  the 
county  or  district  where  he  actually  resides,  for  each  and  every  office  made 


ARKANSAS.  481 


elective  under  this  State  or  the  United  States :  Provided,  that  no  soldier,  sea- 
man, or  marine  in  the  army  or  navy  of  the  United  States,  shall  be  entitled  to 
vote  at  any  election  within  this  State. 

Time  of  choosing  Representatives. 
2.  The  House  of  Representatives  shall  consist  of  members  to  be  chosen  every 
second  year  by  the  qualified  electors  of  the  several  counties. 

Qualijications  of  a  Representative. 

4.  No  person  shall  be  a  member  of  the  House  of  Representatives,  who  shall 
not  have  attained  the  age  of  twenty-five  years;  who  shall  not  be  a  free  white 
male  citizen  of  the  United  States ;  who  shall  not,  at  the  time  of  his  election, 
have  an  actual  residence  in  the  county  he  may  be  chosen  to  represent. 

Qualifications  of  a  Senator. 

5.  The  Senate  shall  consist  of  members  to  be  chosen  every  four  years  by  the 
qualified  electors  of  the  several  districts, 

6.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age  of  thirty 
years ;  who  shall  not  be  a  free  white  male  citizen  of  the  United  States ;  who 
shall  not  have  been  an  inhabitant  of  this  State  one  year ;  and  who  shall  not,  at 
the  time  of  his  election,  have  an  actual  residence  in  the  district  he  may  be  cho- 
sen to  represent. 

Meeting  of  the  General  Assembly. 

7.  The  General  Assembly  shall  meet  every  two  years,  on  the  first  Monday 
of  November,  at  the  seat  of  government,  until  altered  by  law. 

The  Mode  of  Election^  and  Time,  and  Privilege  of  Electors. 

8.  All  general  elections  shall  be  viva  voce,  until  otherwise  directed  by  law, 
and  shall  commence  and  be  holden  every  two  years,  on  the  first  Monday  in 
October,  until  altered  by  law ;  and  the  electors  in  all  cases,  except  in  cases  of 
treason,  felony,  and  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
their  attendance  on  elections,  and  in  going  to  and  returning  therefrom. 

Duty  of  Governor. 

9.  The  Governor  shall  issue  writs  of  election,  to  fill  such  vacancies  as  shall 
occur  in  either  house  of  the  General  Assembly. 

10.  No  judge  of  the  Supreme,  Circuit,  or  inferior  courts  of  law  or  equity. 
Secretary  of  State,  Attorney  for  the  United  States,  State  auditor  or  treasurer, 
register  or  recorder,  clerk  of  anv  court  of  record,  sheriflf,  coroner,  member  of 
Congress,  nor  any  other  person  fiolding-  any  lucrative  ofiice  under  the  United 
States,  or  this  State,  (militia  officers,  justices  of  the  peace,  postmasters,  and 
judges  of  the  county  courts,  excepted,)  shall  be  eligible  to  a  seat  in  either  house 
of  the  General  Assembly, 

11.  No  person  who  now  is,  or  shall  be  hereafter,  a  collector,  or  holder  ol 
public  money,  nor  any  assistant  or  deputy  of  such  holder  or  collector  of  public 
money,  shall  be  eligible  to  a  seat  in  either  house  of  the  General  Assembly,  nor 
to  any  office  of  profit  or  trust,  until  he  shall  have  accounted  for  and  paid  over 
all  sums  for  which  he  may  have  been  liable. 

12.  The  General  Assembly  shall  exclude  from  every  office  of  trust  and  profit, 
and  from  the  right  of  suffrage  within  this  State,  all  persons  convicted  of  bribe- 
ry, perjury,  or  other  infamous  crime. 

13.  Every  person  who  shall  have  been  convicted  of  directly  or  indirectly 
giving  or  offering  any  bribe,  to  procure  his  election  or  appointment,  shall  be 
disqualified  from  holding  any  office  of  trust  or  profit  in  this  State ;  and  any 
person  who  shall  give  or  oflfer  any  bribe  to  procure  the  election  or  appointment 
of  any  person,  shall,  on  conviction  thereof,  be  disqualified  from  being  an  elect- 
or, or  from  holding  any  office  of  trust  or  profit  under  this  State. 

14.  No  senator  nor  representative  shall,  during  the  term  for  which  he  shall 
have  been  elected,  be  appointed  to  any  civil  office  under  this  State,  which  shall 


482  CONSTITUTION    OP 


h  ve  been  created,  or  the  emoluments  of  which  shall  have  been  increased,  dur- 
ii  :  his  continuance  in  office ;  except  such  offices  as  shall  be  filled  by  the  elec- 
ti  1  of  the  people. 

i  5.  Each  house  shall  appoint  its  own  officers,  and  shall  judge  ot  the  qualifi- 
cations, returns,  and  elections  of  its  own  members.  Two-thirds  of  each  house 
shall  constitute  a  quorum  to  do  business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  each  house  shall. provide. 

16.  Each  house  may  determine  rules  for  its  own  proceedings,  punish  its  own 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds  of 
the  members  elected,  expel  a  member ;  but  no  member  shall  be  expelled  a  sec- 
ond time  for  the  same  offence.  They  shall  each,  from  time  to  time,  publish  a 
journal  of  their  proceedings,  except  such  parts  as  may,  in  their  opinion,  require 
secrecy;  and  the  yeas  and  nays  on  any  question  shall  be  entered  on  the  jour 
nal  at  thte  desire  of  any  five  members.  i 

17.  The  door  of  each  house,  when  in  session,  or  in  committee  of  the  whole, 
shall  be  kept  open,  except  in  cases  which  may  require  secrecy :  and  each 
house  may  punish,  by  fine  and  imprisonment,  any  person,  not  a  member,  who 
shall  be  guilty  of  disrespect  to  the  house,  by  any  disorderly  or  contemptuous 
behavior  in  their  presence  during  their  session ;  but  such  imprisonment  shall 
not  extend  beyond  the  final  adjournment  of  that  session. 

18.  Bills  may  originate  in  either  house,  and  be  amended  or  rejected  in  the 
other ;  and  every  bill  shall  be  read  on  three  different  days  in  each  house,  un- 
less two-thirds  of  the  house  where  the  same  is  pending  shall  dispense  with  the 
rules ;  and  every  bill  having  passed  both  houses  shall  be  signed  by  the  Presi-) 
dent  of  the  Senate  and  the  Speaker  of  the  House  of  Representatives. 

19.  Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the  joint 
or  concurrent  vote  of  both  houses,  or  by  the  separate  vote  of  either  house  of 
the  General  Assembly,  the  vote  shall  be  given  viva  voce,  and  entered  on  the 
journal. 

20.  The  senators  and  representatives  shall,  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of 
the  General  Assembly,  and  for  fifteen  days  before  the  commencement  and  after 
the  termination  of  each  session ;  and  for  any  speech  or  debate  in  either  house 
they  shall  not  be  questioned  in  any  other  place. 

21.  The  members  of  the  General  Assembly  shall  severally  receive  from  the 
public  treasury  compensation  for  their  services,  which  may  be  increased  or 
diminished ;  but  no  alteration  of  such  compensation  of  members  shall  take 
effect  during  the  session  at  which  it  is  made. 

The  nianner  of  bringing  Suits  against  the  State. 

22.  The  General  Assembly  shall  direct,  by  law,  in  what  courts  and  in  what 
manner  suits  may  be  commenced  against  the  State, 

23.  They  shall  have  power  to  pass  all  laws  that  are  necessary  to  prohibit 
the  introduction  in  this  State  of  any  slave  or  slaves  who  may  have  committed 
any  high  crime  in  any  other  State  or  Territory. 

24.  The  General  Assembly  shall  not  have  power  to  pass  any  bill  of  divorce ; 
but  may  prescribe  by  law  the  manner  in  which  such  cases  shall  be  investigat- 
ed in  the  courts  of  justice,  and  divorces  granted. 

25.  The  General  Assembly  shall  have  power  to  prohibit  the  introduction  of 
any  slave  or  slaves  lor  the  purpose  of  speculation,  or  as  an  article  of  trade  and 
merchandise ;  to  oblige  the  owners  of  any  slave  or  slaves  to  treat  them  with 
humanity ;  and  in  the  prosecution  of  slaves  for  any  crime,  they  shall  not  be 
deprived  of  an  impartial  jury;  and  any  slave  who  shall  be  convicted  of  a  cap- 
ital offence  shall  suffer  the  same  degree  of  punishment  as  would  be  inflicted 
on  a  free  white  person,  and  no  other ;  and  courts  of  justice,  before  whom  slaves 
shall  be  tried,  shall  assign  them  counsel  for  their  defense. 

26.  The  Governor,  Secretary  of  State,  auditor,  treasurer,  and  all  the  judges 
of  the  Supreme,  Circuit,  and  inferior  courts  of  law  and  equity,  and  the  prose- 
cuting attorney  for  the  SVate,  shall  be  liable  to  impeachment  for  any  malprac- 


ARKANSAS.  483 


tice  or  misdemeanor  in  office ;  but  judgment  in  such  cases  shall  not  extend 
farther  than  removal  from  office,  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit,  under  this  State.  The  party  impeached,  whether  convicted  or 
acquitted,  shall  nevertheless  be  liable  to  be  indicted,  tried,  and  punished  accord- 
ing to  law. 

27.  The  House  of  Representatives  shall  have  the  sole  power  of  impeach- 
ment ;  and  all  impeachments  shall  be  tried  by  the  Senate ;  and  when  sitting 
for  that  purpose,  the  senators  shall  be  on  oath  or  affirmation  to  do  justice  ac- 
cording to  law  and  evidence.  When  the  Governor  shall  be  tried,  the  Chief 
Justice  of  the  Supreme  Court  shall  preside  ;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  all  the  senators  elected ;  and  for  rea- 
sonable cause,  which  shall  not  be  sufficient  ground  of  impeachment,  the  Gov- 
ernor shall,  on  the  joint  address  of  two-thirds  of  each  branch  of  the  General 
Assembly,  remove  from  office  the  judges  of  the  Supreme  and  inferior  courts  : 
Provided,  the  cause  or  causes  of  removal  be  spread  on  the  journals,  and  the 
party  charged  be  notified  of  the  same,  heard  by  himself  and  counsel,  before 
the  vote  is  finally  taken  and  decided. 

28.  The  appointment  of  all  officers  not  otherwise  directed  by  this  Constitu- 
tion, shall  be  made  in  such  manner  as  may  be  prescribed  by  law ;  and  all  offi- 
cers, both  civil  and  military,  acting  under  the  authority  of  this  State,  shall  be- 
fore entry  on  the  duties  of  their  respective  offices,  take  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States,  and  of  this  State,  and  to  de- 
mean themselves  faithfully  in  office. 

29.  No  county  now  established  by  law  shall  ever  be  reduced,  by  the  estab- 
lishment of  any  new  county  or  counties,  to  less  than  nine  hundred  square 
miles,  nor  to  a  less  population  than  iis  ratio  of  representation  in  the  House  of 
Representatives ;  nor  shall  any  county  be  hereafter  established  which  shall  con- 
tain less  than  nine  hundred  square  miles,  (except  Washington  county,  which 
may  be  reduced  to  six  hundred  square  miles,)  or  a  less  population  than  would 
entitle  such  county  to  a  member  in  the  House  of  Representatives. 

30.  The  style  of  the  laws  of  the  State  shall  be,  ''Beit  enacted  by  the  Gene- 
ral Assembly  of  iJie  State  of  Arkansas.^'' 

31.  The  State  shall,  from  time  to  time,  be  divided  into  convenient  districts 
in  such  manner  that  the  Senate  shall  be "  based  upon  the  free  white  male  in- 
habitants of  the  State,  each  senator  representing  an  equal  number,  as  nearly  as 
practicable. 

And  the  Senate  shall  never  consist  of  less  than  seventeen  nor  more  than 
thirty-three  members ;  and  as  soon  as  the  Senate  shall  meet  after  the  first  elec- 
tion to  be  held  under  the  Constitution,  they  shall  cause  the  senators  to  be  divi- 
ded by  lot,  into  two  classes,  nine  of  the  first  class  and  eight  of  the  second  class ; 
and  the  seats  of  the  first  class  shall  be  vacated  at  the  end  of  two  years  from 
the  tinie  of  their  election,  and  the  seats  of  the  second  class  at  the  end  of  four 
years  from  the  time  of  their  election ;  in  order  that  one  class  of  the  senators 
may  be  elected  every  two  years. 

32.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken  under  the 
direction  of  the  General  Assembly,  on  the  first  day  of  January,  one  thousand 
eight  hundred  and  thirty-eight,  and  at  the  end  of  every  four  years  thereafter ; 
and  the  General  Assembly  shall,  at  the  first  session  after  the  return  of  every 
enumeration,  so  alter  and  arrange  the  senatorial  districts,  that  each  district  shall 
contain,  as  nearly  as  practicable,  an  equal  number  of  free  white  male  inhab- 
itants :  Provided,  that  Washington  county,  as  long  as  the  population  shall  jus- 
tify the  same,  may,  according  to  its  numbers,  elect  more  than  one  senator ;  and 
such  districts  shall  then  remain  unaltered,  until  the  return  of  another  enume- 
ration ;  and  shall,  at  all  times,  consist  of  contiguous  territory,  and  no  county 
shall  be  divided  in  the  formation  of  a  senatorial  district. 

33.  The  ratio  of  representation  in  the  Senate  shall  be  fifteen  hundred  free 
white  male  inhabitants  to  each  senator,  until  the  senators  amount  to  twenty- 
five  in  number ;  and  then  they  shall  be  equally  apportioned  upon  the  same  basis 
throughout  the  State,  in  such  ratio  as  the  increased  numbers  of  free  white  male 
inhabitants  may  require,  without  increasing  the  senators  to  a  greater  number 


484  CONSTITUTION    OF 


than  twenty-five,  until  the  population  of  the  State  amounts  to  five  hundred 
thousand  souls ;  and  when  an  increase  of  senators  takes  place,  they  shall,  from 
time  to  time,  be  divided  by  lot,  and  classed  as  prescribed  above, 

34.  The  House  of  Representatives  shall  consist  of  not  less  than  fifty-four  nor 
more  than  one  hundred  representatives,  to  be  apportioned  among  the  several 
counties  in  this  State,  according  to  the  number  of  free  white  male  inhabit- 
ants therein,  taking  five  hundred  as  the  ratio,  until  the  number  of  representa- 
tives amount  to  seventy-five;  and  when  they  amount  to  seventy-five,  they  shall 
not  be  farther  increased  until  the  population  of  the  State  amounts  to  five  hundred 
thousand  souls  :  Provided,  that  each  county  now  organized  shall,  although  its 
population  may  not  give  the  existing  ratio,  always  be  entitled  to  one  represen- 
tative. 

Mode  of  amending  the  Constitution. 

35.  The  General  Assembly  may  at  any  time  propose  such  amendments  to 
this  Constitution  as  two-thirds  of  each  house  shall  deem  expedient,  which  shall 
be  published  in  all  the  newspapers  published  in  this  State,  three  several  times, 
at  least  twelve  months  before  the  next  general  election ;  and  if,  at  the  first  ses- 
sion of  the  General  Assembl}'',  after  such  general  election,  two-thirds  of  each 
house  shall,  by  yeas  and  nays,  ratify  such  proposed  amendments,  they  shall  be 
valid  to  all  intents  and  purposes,  as  parts  of  this  Constitution :  Provided,  that 
such  proposed  amendments  shall  be  read  on  three  several  days  in  each  house, 
as  well  when  the  same  are  proposed  as  when  they  are  finally  ratified. 

ARTICLE  V. — Executive  Department. 
Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested  m  a  chief 
magistrate,  who  shall  be  styled  the  Governor  of  the  State  of  Arkansas. 

2.  The  Governor  shall  be  elected  by  the  qualified  electors,  at  the  time  and 
places  where  they  shall  respectively  vote  ibr  representatives. 

3.  The  returns  of  every  election  for  Governor  shall  be  sealed  up  and  trans- 
mitted to  the  Speaker  of  the  House  of  Representatives,  who  shall,  during  tlie 
first  week  of  the  session,  open  and  publish  them,  in  the  presence  of  both  houses 
of  the  General  Assembly.  The  person  having  the  highest  number  of  votes 
shall  be  Governor  ;  but  if  two  or  more  shall  be  equal  and  highest  in  votes,  one 
of  them  shall  be  chosen  Governor  by  the  joint  vote  of  both  houses.  Contested 
elections  for  Governor  shall  be  determined  by  both  houses  of  the  General  As- 
sembly, in  such  manner  as  shall  be  prescribed  by  law. 

4.  The  Governor  shall  hold  his  office  tor  the  term  of  four  years  from  the 
time  of  his  installation,  and  until  his  successor  shall  be  duly  qualified  ;*  but 
shall  not  be  eligible  for  more  than  eight  years  in  any  term  of  twelve  years. 
He  shall  be  at  least  thirty  years  of  age,  a  native-born  citizen  of  Arkansas,  or 
a  native-born  citizen  of  the  United  States,  or  a  resident  of  Arkansas  ten  years 
previous  to  the  adoption  of  the  Constitution,  if  not  a  native  of  the  United 
States ;  and  shall  have  been  a  resident  of  the  same  at  least  four  years  next 
before  his  election. 

5.  He  shall  at  stated  times  receive  a  compensation  for  his  services,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which  he  shall  have 
been  elected :  nor  shall  he  receive  within  that  period,  any  other  emolument 
from  the  United  States,  or  any  one  of  them,  or  from  any  foreign  power. 

6.  He  shall  be  commander-in-chief  of  the  army  of  this  State,  and  of  the 
militia  thereof,  except  when  they  shall  be  called  irito  the  service  of  the  United 
States. 

7.  He  may  require  information  in  writing  from  the  officers  of  the  executive 
department,  on  any  subject  relating  to  the  duties  of  their  respective  offices. 

8.  He  may,  by  proclamation,  on  extraordinary  occasions,  convene  the  Gen- 
eral Assembly  at  the  seat  of  government,  or  at  a  different  place  if  that  shall 
have  become,  since  their  last  adjournment,  dangerous  from  an  enemy  or  from 
contagious  diseases.  In  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  beyond  the  day  of  the  next  meeting  of  the  General  As- 
sembly. 


AllKANSiS.  485 


9.  He  shall,  from  time  to  time,  give  the  General  Assembly  information  of 
the  state  of  the  government,  and  recommend  to  their  consideration,  such  meas- 
ures as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and  impeach- 
ment, he  shall  have  power  to  grant  pardons  after  convictions,  and  remit  fines 
and  forfeitures,  under  such  rules  and  regulations  as  shall  be  prescribed  by  law. 
In  cases  of  treason,  he  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  grant  reprieves  and  pardons;  and  he  may,  in  the  recess  of 
the  Senate,  respite  the  sentence  until  the  end  of  the  next  session  of  the  General 
Assembly. 

13.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the  Governor, 
and  used  by  him  officially ;  and  the  present  seal  of  the  territory  shall  be  the 
seal  of  the  State,  until  otherwise  directed  by  the  General  Assembly. 

13.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the  State 
of  Arkansas ;  be  sealed  with  the  seal  of  the  State,  signed  by  the  Governor,  and 
attested  by  the  Secretary  of  State. 

14.  There  shall  be  a  Secretary  of  State  elected  by  a  joint  vote  of  both  houses 
of  the  General  Assembly,  who  shall  continue  in  office  dm'ing  the  term  of  four 
years,  and  until  his  successor  in  office  be  duly  qualified.  He  shall  keep  a  fair 
register  of  all  the  official  acts  and  proceedings  of  the  Governor,  and  shall, 
when  required,  lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative 
thereto,  before  the  General  Assembly ;  and  shall  perform  such  other  duties  as 
may  be  required  by  law. 

15.  Vacancies  that  may  happen  in  offices,  the -election  to  which  is  vested  in 
the  General  Assembly,  shall  be  filled  by  the  Governor  during  the  recess  of  the 
General  Assembly,  by  granting  commissions,  which  shall  expire  at  the  end  of 
the  next  session. 

16.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented  to  the 
Governor ;  if  he  approve,  he  shall  sign  it ;  but  if  he  shall  not  approve  it,  he 
shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall  have  origin- 
ated, who  shall  enter  his  objections  at  large  upon  their  journals  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration,  a  majority  of  the  whole  number 
elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the  ob- 
jections to  the  other  house,  by  which,  likewise,  it  shall  be  reconsidered ;  and, 
if  approved  by  a  majority  of  the  whole  number  elected  to  that  house,  it  shall 
be«a  law ;  but  in  such  cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  respectively.  If  any  bill  shall  not  be 
returned  by  the  Governor  within  three  days,  Sundays  excepted,  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he 
had  signed  it,  unless  the  General  Assembly,  by  their  adjournment,  prevent  its 
return ;  in  such  cases  it  shall  not  be  a  law. 

17.  Every  order  or  resolution  to  which  the  concurrence  of  both  houses  may 
be  necessary,  except  on  questions  of  adjournment,  shall  be  presented  to  the 
Governor,  and  before  it  shall  take  effect,  be  approved  by  him,  or,  being  disap- 
proved, shall  be  repassed  by  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill. 

18.  In  case  of  the  impeachment  of  the  Governor,  his  removal  from  office, 
death,  refusal  to  qualify,  resignation,  or  absence  from  the  State,  the  President 
of  the  Senate  shall  exercise  all  the  authority  appertaining  to  the  office  of  Gov- 
ernor, until  another  Governor  shall  have  been  elected  and  qualified,  or  until 
the  Governor  absent  or  impeached,  return  or  be  acquitted. 

19.  If,  during  the  vacancy  of  the  office  of  Governor,  the  President  of  the 
Senate  shall  be  impeached,  removed  from  office,  refuse  to  qualify,  resign,  die, 
or  be  absent  from  the  State,  the  Speaker  of  the  House  of  Representatives  shall 
in  like  manner  administer  the  Government. 

20.  The  President  of  the  Senate  and  Speaker  of  the  House  of  Representa- 
tives, during  the  time  they  respectively  administer  the  government,  shall  re- 


486  CONSTITUTION    OP 


ceive  the  same  compensation  which  the  Governor  would  have  received,  had 
he  been  employed  in  the  duties  of  his  office, 

21.  Whenever  the  office  of  Governor  shall  become  vacant,  by  death,  resig- 
nation, removal  from  office,  or  otherwise,  provided,  such  vacancy  shall  not 
happen  within  eighteen  months  of  the  end  of  the  term  for  which  the  late  Gov- 
ernor shall  have  been  elected,  the  President  of  the  Senate  or  Speaker  of  the 
House  of  Representatives,  as  the  case  may  be,  exercising  the  powers  of  Gover- 
nor for  the  time  being,  shall  immediately  cause  an  election  to  be  held  to  fill 
such  vacancy,  giving,  by  proclamation,  sixty  days'  previous  notice  thereof, 
which  election  shall  be  governed  by  the  same  rules  prescribed  for  general  elec- 
tions of  Governor,  as  far  as  applicable.  The  return  shall  be  made  to  the  Sec- 
retary of  State,  who,  in  presence  of  the  acting  Governor,  and  the  judges  of  the 
Supreme  Court,  or  one  of  them  at  least,  shall  compare  them,  and,  together  with 
said  acting  Governor,  and  judges,  declare  who  is  elected;  and  if  there  be  a 
contested  election,  it  shall  be  decided  by  the  judges  of  the  the  Supreme  Court 
in  manner  to  be  prescribed  by  law, 

22.  The  Governor  shall  always  reside  at  the  seat  of  government. 

23.  No  person  shall  hold  the  office  of  Governor,  and  any  other  office  or  com- 
mission, civil  or  military,  either  in  this  State,  or  under  any  State,  or  the  Unit- 
ed States,  or  any  other  power,  at  one  and  the  same  time. 

24.  That  there  shall  be  elected,  by  the  joint  vote  of  both  houses  of  the  Gen- 
eral Assembly,  an  auditor  and  treasurer  for  this  State,  who  shall  hold  their 
offices  for  the  term  of  two  years,  and  until  their  respective  successors  are  elect- 
ed and  qualified,  unless  sooner  removed,  and  shall  keep  their  respective  offices 
at  the  seat  of  government,  and  perform  such  duties  as  shall  be  prescribed  by 
law ;  and,  in  case  of  vacancy  by  death,  resignation,  or  otherwise,  such  va- 
cancy shall  be  filled  by  the  Governor,  as  in  other  cases. 

Militia. 

25.  The  militia  of  this  State  shall  be  divided  into  convenient  divisions,  brig- 
ades, regiments,  and  companies,  and  officers  of  corresponding  titles  and  rank 
elected  to  command  them,  conforming,  as  nearly  as  practicable,  to  the  general 
regulations  of  the  army  of  the  United  States. 

26.  Major-generals  shall  be  elected  by  the  brigadier-generals  and  field  officers 
of  their  respective  divisions ;  brigadier-generals  shall  be  elected  by  the  field  of- 
ficers and  commissioned  company  officers  of  their  respective  brigades ;  field 
officers  shall  be  elected  by  the  officers  and  privates  of  their  respective  regimerfts ; 
and  captains  and  subaltern  officers  shall  be  elected  by  those  subject  to  military 
duty  in  their  respective  companies, 

27.  The  Governor  shall  appoint  the  adjutant-general  and  other  members  of 
his  staff;  and  major-generals,  brigadier-generals  and  commandants  of  regi- 
ments, shall  respectively  appoint  their  own  staff";  and  all  commissioned  officers 
may  continue  in  office  during  good  behavior ;  and  staff  officers  during  the  same 
time,  subject  to  be  removed  by  the  superior  officers  from  whom  they  respect- 
ively derive  their  appointment, 

ARTICLE  VI. — Judicial  Department. 

Sec.  1.  The  judicial  pow;er  of  this  State  shall  be  vested  in  one  Supreme 
Court,  in  circuit  courts,  in  county  courts,  and  in  justices  of  the  peace.  The 
General  Assembly  may  also  vest  such  jurisdiction  as  may  be  deemed  necessary 
in  corporation  courts,  and,  when  they  deem  it  expedient,  may  establish  courts 
of  chancery. 

2.  The  Supreme  Court  shall  be  composed  of  three  judges,  one  of  whom  shall 
be  styled  Chief-Justice  any  two  of  whom  shall  constitute  a  quorum,  and  the 
concurrence  of  two  of  said  judges  shall,  in  every  case,  be  necessary  to  a  deci- 
sion. The  Supreme  Court,  except  in  cases  otherwise  directed  by  this  Consti- 
tution, shall  have  appellate  jurisdiction  only,  which  shall  be  co-extensive  with 
the  State,  under  such  restrictions  and  regulations  as  may,  from  time  to  time, 
be  prescribed  by  law.    It  shall  have  a  general  superintending  control  over  all 


ARKil.NSAS.  487 


inferior  and  other  courts  of  law  and  equity.  It  shall  have  power  to  issue  writs 
of  error  and  supersedeas,  certiorari,  and  habeas  corpus,  mandamus,  and  que 
warranto,  and  other  remedial  writs,  and  to  hear  and  determine  the  same.  Said 
judges  shall  be  conservators  of  the  peace  throughout  the  State,  and  shall  sever- 
ally have  power  to  issue  any  of  the  aforesaid  writs. 

3.  The  circuit  courts  shall  have  original  jurisdiction  over  all  criminal  cases, 
which  shall  not  be  otherwise  provided  for  by  law ;  and  exclusive  original  ju- 
risdiction of  all  crimes  amounting  to  felony  at  common  law ;  and  original  ju- 
risdiction of  all  civil  cases  which  shall  not  be  cognizable  before  justices  of  the 
peace,  until  otherwise  directed  by  the  General  Assembly;  and  original  juri< 
'liction  in  all  matters  of  contracts,  where  the  sum  in  controversy  is  over  one 
hundred  dollars.  It  shall  hold  its  terms  in  such  place  in  each  county  as  may 
be  by  law  directed. 

4.  The  State  shall  be  divided  into  convenient  circuits,  each  to  consist  of  not 
less  than  five,  nor  more  than  seven  counties,  contiguous  to  each  other,  for  each 
of  which  a  judge  shall  be  elected ;  who,  during  his  continuance  in  office,  shall 
reside  and  be  a  conservator  of  the  peace  within  the  circuit  for  which  he  shall 
have  been  elected. 

5.  The  circuit  courts  shall  exercise  a  superintending  control  over  the  county 
courts,  and  over  justices  of  the  peace,  in  each  county  in  their  respective  cir- 
cuits, and  shall  have  power  to  issue  all  the  necessary  writs  to  carry  into  eifect 
their  general  and  specific  powers, 

6.  Until  the  General  Assembly  shall  deem  it  expedient  to  establish  courts  of 
chancery,  the  circuit  court  shall  have  jurisdiction  in  matters  of  equity,  subject 
to  appeal  to  the  Supreme  Court,  in  such  manner  as  may  be  prescribed  by  law. 

7.  The  General  Assembly  .shall,  by  joint  vote  of  both  houses,  elect  the  judges 
of  the  Supreme  and  circuit  courts,  amajority  of  the  whole  number  in  joint  vote 
being  necessary  to  a  choice.  The  judges  of  the  Supreme  Court  shall  be  at  least 
thirty  years  of  age.  They  shall  hold  their  offices  during  the  term  of  eight  years 
from  the  date  of  their  commissions.  Immediately  after  such  election,  by  the 
first  General  Assembly,  the  President  of  the  Senate  and  Speaker  of  the  House 
of  Representatives  shall  proceed,  by  lot,  to  divide  the  judges  into  three  classes. 
The  commission  of  the  first  class  shall  expire  at  the  end  of  four  years ;  of  the 
second  class  at  the  end  of  six  years ;  and  of  the  third  class  at  the  end  of  eight 
years ;  so  that  one-third  of  the  whole  number  shall  be  chosen  every  four,  six, 
and  eight  years.  The  judges  of  the  circuit  court  shall  be  at  least  twenty-five 
years  of  age,  and  shall  be  elected  for  the  term  of  four  years  from  the  date  of 
their  commission.  The  Supreme  Court  shall  appoint  its  own  clerks  for  the 
term  of  four  years.  The  qualified  voters  of  each  county  shall  elect  a  clerk  of 
the  circuit  court  for  their  respective  counties,  who  shall  hold  his  office  for  the 
term  of  two  years ;  and  courts  of  chancery,  if  any  be  established,  shall  appoint 
their  own  clerks. 

8.  The  judges  of  the  Supreme  and  circuit  courts  shall,  at  stated  times,  re- 
ceive a  compensation  for  their  services,  to  be  ascertained  by  law,  which  shall 
not  be  diminished  during  the  term  for  which  they  are  elected.  They  shall  not 
be  allowed  any  fees  or  perquisites  of  office,  nor  hold  any  other  office  of  trust  or 
profit  under  this  State  or  the  United  States.  The  State  attorneys  and  clerks  of 
the  Supreme  and  circuit  courts,  and  courts  of  chancery,  if  any  such  be  estab- 
lished, shall  receive  for  their  services  such  salaries,  fees,  and  perquisites  of 
office,  as  shall  be  from  time  to  time  fixed  by  law, 

9.  There  shall  be  established,  in  each  county  in  the  State,  a  court  to  be  hold- 
en  by  the  justices  of  the  peace,  and  called  the  county  court,  which  shall  have 
jurisdiction  in  all  matters  relating  to  county  taxes,  disbursements  of  money  for 
county  purposes,  and  in  every  other  case  that  may  be  necessary  to  the  internal 
improvement  and  local  concerns  of  the  respective  counties. 

10.  There  shall  be  elected,  by  the  justices  of  the  peace  of  the  respective  coun- 
ties, a  presiding  judge  of  the  county  court,  to  be  commissioned  by  the  Governor, 
and  hold  his  office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
ana  qualified.  He  shall,  in  addition  to  the  duties  that  may  be  required  of  him 
by  law,  as  a  presiding  judge  of  the  county  court,  be  a  judge  of  probate,  and 


488  CONSTITUTION    OF 


have  such  jurisdiction  in  matters  relative  to  the  estates  of  deceased  persons, 
executors,  administrators,  and  guardians,  as  may  be  prescribed  by  law,  until 
otherwise  directed  by  the  General  Assembly, 

11.  The  presiding  judge  of  the  county  court,  and  justices  of  the  peace,  shall 
receive  for  their  services  such  compensation  and  fees  as  the  General  Assembly 
may  from  time  to  time  by  law  direct. 

12.  No  judge  shall  preside  on  the  trial  of  any  case  in  the  event  of  which  he 
may  be  interested,  or  where  either  of  the  parties  shall  be  connected  with  him 
by  affinity  or  consanguinity,  within  such  degrees  as  may  be  prescribed  by 
law,  or  in  whicn  he  may  have  been  of  counsel,  or  have  presided  in  any  infe- 
rior court,  except  by  consent  of  all  the  parties.  In  case  ?.ll  or  any  of  the  judges  of 
the  Supreme  Court  shall  be  thus  disqualified  from  presiding  on  any  cause  or 
causes,  the  court  or  judges  thereof  shall  certify  the  same  to  the  Governor  of  the 
State,  and  he  shall  immediately  commission  specially  the  requisite  number  of 
men  of  law-knowledge  for  the  trial  and  determination  thereof.  The  same 
course  shall  be  pursued  in  the  circuit  and  other  inferior  courts,  as  prescribed 
in  this  section  for  cases  in  the  Supreme  Court.  Judges  of  the  circuit  courts 
may  temporarily  exchange  circuits,  or  hold  courts  for  each  other,  under  such 
regulations  as  may  be  pointed  out  by  law.  Judges  shall  not  charge  jurors 
with  respect  to  matters  of  fact ;  but  may  state  the  testimony  and  declare  the 
law, 

13.  The  General  Assembly  shall,  by  a  joint  vote  of  both  houses,  elect  an  at- 
torney for  the  State,  for  each  circuit  established  by  law,  who  shall  continue  in 
office  two  years,  and  reside  within  the  circuit  for  which  he  was  elected,  at  the 
time  of  and  during  his  continuance  in  office.  In  all  cases  where  an  attorney 
for  the  State  of  any  circuit  fails  to  attend  and  prosecute  according  to  law,  the 
courts  shall  have  power  to  appoint  an  attorney  fro  tempore.  The  attorney  for 
the  court  in  which  the  Supreme  Court  may  hold  its  term,  shall  attend  the  Su- 
preme Court,  and  prosecute  for  the  State. 

14.  All  writs  and  other  process  shall  run  in  the  name  of  "  The  State  of  Ar- 
kansas," and  bear  test  and  be  signed  by  the  clerks  of  the  respective  courts  from 
which  they  issue.  Indictments  shall  conclude,  "  against  the  peace  and  dignity 
of  the  State  of  Arkansas." 

15.  The  qualified  voters  residing  in  each  township  shall  elect  the  justices  of 
the  peace  for  their  respective  townships.  For  every  fifty  voters  there  may  be 
elected  one  justice  of  the  peace,  provided,  that  each  township,  however  small, 
shall  have  two  justices  of  the  peace.  Justices  of  the  peace  shall  be  elected  for 
the  term  of  two  years,  and  shall  be  commissioned  by  the  Governor,  and  reside 
in  the  townships  for  which  they  were  elected  during  their  continuance  in  office. 
They  shall  have,  individually,  or  two  or  more  of  them  jointly,  exclusive  origi- 
nal jurisdiction  in  all  matters  of  contract,  except  in  actions  of  covenant,  where 
the  sum  in  controversy  is  of  one  hundred  dollars  and  under.  Justices  shall,  in 
no  case,  have  jurisdiction  to  try  and  determine  any  criminal  case  or  penal  of- 
fence against  the  State,  but  may  sit  as  examining  courts,  and  commit,  dis- 
charge, or  recognize,  to  the  court  having  jurisdiction,  for  further  trial,  of  of- 
fenders against  the  peace.  For  the  foregoing  purposes  they  shall  have  power 
to  issue  all  necessary  process.  They  shall  also  have  power  to  bind  to  keep 
the  peace,  or  for  good  behavior. 

16.  The  qualified  voters  of  each  township  shall  elect  one  constable  for  the 
term  of  two  years,  who  shall,  during  his  continuance  in  office,  reside  in  the 
township  for  which  he  was  elected.  Incorporated  townships  may  have  a  sepa- 
rate constable,  and  a  separate  magistracy. 

17.  The  qualified  voters  of  each  county  shall  elect  one  sheriff",  one  coroner, 
one  treasurer,  and  one  county  surveyor,  for  the  term  of  two  years.  They  shall 
be  commissioned  by  the  Governor,  reside  in  their  respective  counties  during 
their  continuance  in  office,  and  be  disqualified  for  the  office  a  second  term,  if 
it  should  appear  that  they,  or  either  of  them,  are  in  default  for  any  monies 
collected  by  virtue  of  thf  r  respective  offices. 


ARKANSAS.  4QQ 


ARTICLE  IX. — General  Provisions. — Education. 

Sec.  1.  Knowledge  and  learning,  generally  diffused  through  a  community, 
being  essential  to  the  preservation  of  a  free  government,  and  diffusing  the  op- 
portunities and  advantages  of  education  through  the  various  parts  of  the  State 
being  highly  conducive  to  this  end,  it  shall  be  the  duty  of  the  General  Assem- 
bly to  provide  by  law  for  the  improvement  of  such  lands  as  are  or  hereafter 
may  be  granted  by  the  United  States  to  this  State  for  the  use  of  schools,  and 
to  apply  any  funds  which  may  be  raised  from  such  land,  or  from  any  other 
source,  to  the  accomplishment  of  the  object  for  which  they  are  or  may  be  in- 
tended. The  General  Assemoly  shall  Irom  time  to  time  pass  such  laws  as 
shall  be  calculated  to  encourage  intellectual,  scientific,  and  agricultural  im- 
provements, by  allowing  rewards  and  immunities  for  the  promotion  and  im- 
provement of  arts,  science,  commerce,  man afactures,  and  natural  history;  and 
countenance  and  encourage  the  principles  of  humanity,  industry,  and  morality. 

Emancipation  of  Slaves. 

Sec.  1.  The  General  Assembly  shall  have  no  power  to  pass  laws  for  the 
emancipation  of  slaves,  without  the  consent  of  the  owners.  They  shall  have 
no  power  to  prevent  emigrants  to  this  State  Irom  bringing  with  them  such  per- 
sons as  are  deemed  slaves  by  the  laws  of  any  one  of  the  United  States.  They 
shall  have  power  to  pass  laws  to  permit  the  owners  of  slaves  to  emancipate 
them,  saving  the  rights  of  creditors,  and  preventing  them  from  becoming  a 
public  charge.  They  shall  have  power  to  prevent  slaves  from  being  brought 
to  this  State  as  merchandize,  and  also  to  oblige  the  owners  of  slaves  to  treat 
them  with  humanity. 

2.  Treason  against  the  State  shall  consist  only  in  levying  war  against  it,  or 
adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  his  own  confession  in  open  court. 

3.  No  person  who  denies  the  being  of  a  God  shall  hold  any  office  in  the  civil 
department  of  this  State,  nor  be  allowed  his  oath  in  any  court. 

4.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  an  ap- 
propriation by  law,  nor  shall  any  appropriation  of  money  for  the  support  of 
an  army  be  made  for  a  longer  term  than  two  years ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  moneys  shall  be 
publislied  with  the  promulgation  of  the  laws. 

5.  Absence  on  business  of  this  State,  or  of  the  United  States,  or  on  a  visit 
of  necessary  private  business,  shall  not  cause  a  forfeiture  of  a  residence  once 
obtained. 

6.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the  sale  of  lottery 
tickets  be  allowed. 

7.  Internal  improvements  shall  be  encouraged  by  the  government  of  this 
State,  and  it  shall  be  the  duty  of  the  General  Assembly,  as  soon  as  may  be,  to 
make  provision  by  law  for  ascertaining  the  proper  objects  of  improvements 
in  relation  to  roads,  canals,  and  navigable  waters ;  and  it  shall  also  be  their 
duty  to  provide  by  law  for  an  equal,  systematic,  and  economical  application 
of  the  fund  which  may  be  appropriated  to  these  objects. 

8.  Returns  for  all  elections  for  officers  who  are  to  be  commissioned  by  the 
Governor,  and  for  members  of  the  General  Assembly,  shall  be  made  to  the 
Secretary  of  State. 

9.  Within  five  years  after  the  adoption  of  this  Constitution,  the  laws,  civil, 
and  criminal,  shall  be  revised,  digested.,  and  arranged,  and  promulgated  in 
such  manner  as  the  General  Assembly  shall  direct,  and  a  like  revision,  digest, 
and  promulgation  shall  be  made  within  every  subsequent  period  of  ten  years. 

10.  In  the  event  of  the  annexation  of  any  territory  to  this  State,  by  a  cession 
from  the  United  States,  laws  may  be  passed  extending  to  the  inhabitants  of 
such  territory  all  the  rights  and  privileges  which  may  be  required  by  the  terms 
of  such  cession,  anything  in  his  Constitution  to  the  contrary  notwithstanding. 


490  CONSTITUTION    OF    ARKANSAS. 

11.  The  person  of  a  debtor,  except  where  there  is  strong  presumption  cf 
fraud,  shall  neither  be  imprisoned  nor  continued  in  prison  after  delivering  up 
his  estate  tor  the  benefit  of  his  creditors,  in  such  manner  as  may  be  prescribed 
by  law. 


Sec.  1.  All  revenue  shall  be  raised  by  taxation,  to  be  fixed  by  law. 

2.  All  property  subject  to  taxation  shall  be  taxed  according  to  its  value, 
that  value  to  be  ascertained  in  such  manner  as  the  General  Assembly  shall  di- 
rect, making  the  same  equal  and  uniform  throughout  the  State.  No  one  spe- 
cies of  property  from  which  a  tax  may  be  collected,  shall  be  taxed  higher  than 
another  species  of  property  of  equal,  value :  Provided,  the  General  Assembly 
shall  have  power  to  tax  merchants,  hawkers,  pedlers,  and  privileges,  in  such 
manner  as  may  from  time  to  time  be  prescribed  by  law :  and  provided  further, 
that  no  other  or  greater  amounts  of  revenue  shall  at  any  time  be  levied,  than 
required  for  the  necessary  expenses  of  government,  unless  by  a  concurrence  of 
two- thirds  of  both  houses  of  the  General  Assembly. 

3.  No  poll  tax  shall  be  assessed  for  other  than  county  purposes. 

4.  No  other  or  greater  tax  shall  be  levied  on  the  productions  or  labor  of  the 
country  than  may  be  required  for  expenses  of  inspection. 

Establishvient  of  Banks. 

Sec.  1.  The  General  Assembly  may  incorporate  one  State  Bank,  with  such 
amount  of  capital  as  may  be  deemed  necessary,  and  with  such  number  of 
branches  as  may  be  required  for  public  convenience,  which  shall  become  the 
repository  of  the  funds  belonging  to,  or  under  the  control  of,  the  State ;  and 
shall  be  required  to  loan  them  out  throughout  the  State,  and  in  each  county, 
in  proportion  to  representation ;  and  they  shall  further  have  power  to  incorpo- 
rate one  other  banking  institution,  calculated  to  aid  and  promote  the  great 
agricultural  interests  of  the  country ;  and  the  faith  and  credit  of  the  State  may 
be  pledged  to  raise  the  funds  necessary  to  carry  into  operation  the  two  banks 
herein  specified :  Provided,  such  security  can  be  given  by  the  individual  stock- 
holders as  will  guaranty  the  State  against  loss  or  injury. 


AMENDMENTS  TO  THE  CONSTITUTION  OF  ARKANSAS. 

Proposed  hy  the  General  AssemMy,  begun  and  held  at  the  City  of  Little  Roch^  in  the 
/State  of  ArTcan^as,  on  the  first  Monday  of  November^  one  thousand  eight  hundred 
and  forty-four,  and  ratified  November  17.  1846. 

Art.  1.  No  bank  or  banking  institution  shall  be  hereafter  incorporated,  or 
established  in  this  State. 

2.  The  General  Assembly  shall  have  power  to  compel  the  Judges  of  the  Circuit 
Oourts  to  interchange  circuits  either  temporarily  or  permanently,  under  such  regu- 
lations as  may  be  provided  by  law. 

8.  The  General  Assembly  shall  have  power  to  confer  such  jurisdiction,  as  it 
may  from  time  to  time  deem  propor,  on  .Justices  of  the  Peace  in  all  matters  of  con- 
tracts, covenants,  and  in  actions  for  the  recovery  of  fines  and  forfeitures,  when  the 
amount  claimed  does  not  exceed  one  hundred  dollars,  and  in  actions  and  prosecu- 
tions for  assault  aiid  battery,  and  other  penal  olfences,  less  than  felony,  which 
may  be  punishable  by  fine  only. 

4.  Judges  of  the  Supreme  and  Circuit  Courts,  Clerks  of  the  Supreme  and  Cir- 
cuit Courts,  Attorneys  for  the  State,  Sheriffs,  Coroners,  County  Treasurers,  Justices- 
of  the  Peace,  Constables,  and  all  other  officers,  whose  term  is  fixed  by  the  Con- 
stitution to  a  specific  number  of  years,  shall  hold  their  respective  offices  for  the 
term  now  specified,  and  until  their  successors  are  elected  and  qualified. 

Ratified  Nov.  17,  1846. 


TEXAS. 


The  first  settlement  made  in  Texas  was  in  1792.  It  was  a  part  of  Mexico  until 
1835,  when  it  declared  itself  independent.  The  Mexicans  attempted  to  recover  the 
territory  in  1836.  The  force  consisted  of  1600  men,  under  Santa  Anna.  A  severe 
battle  ensued,  in  which  more  than  600  of  the  Mexicans  were  killed  and  300  wound- 
ed, and  Santa  Anna  and  his  men  were  taken  prisoners.  The  Texan  force  consisted 
of  only  about  800  men,  under  Gen.  S.  Houston ;  their  loss  was  only  6  killed  and 
about  30  wounded.  Texas  remained  a  separate  government  until  1845,  when,  by 
mutual  agreement,  it  was  annexed  to  the  United  States,  and  thus  became  the 
twenty-eighth  State  in  the  union. 

Area,  324,018  sq.  m.  Pop.  in  1850,  187,403-  Slaves,  53,346  and  926.  Free 
blacks. 

CONSTITUTION. 

We,  the  people  of  the  republic  of  Texas,  acknowledging  with  gratitude  the 
grace  and  benificence  of  God  in  permitting  us  to  make  a  choice  of  our  form  of 
government,  do,  in  accordance  with  the  provisions  of  the  joint  resolution  for 
annexing  Texas  to  the  United  States,  approved  March  iirst,  one  thousand  eight 
hundred  and  forty-five,  ordain  and  establish  this  Constitution. 

ARTICLE  I.— BiU  of  Rights. 

Thai  the  general^  great,  and  essential  principles  of  liberty  and  free  government 
may  be  recognized  and  established,  we  declare  that — 

Sec.  1.  All  political  power  is  inherent  in  the  people,  and  all  free  governments 
are  founded  on  their  authority,  and  instituted  for  their  benefit ;  and  they  have 
at  all  times  the  inalienable  right  to  alter,  reform,  or  abolish  their  form  of  gov- 
ernment, in  such  manner  as  they  mav  think  expedient. 
37 


492  CONSTITUTION    OP 


2.  All  freemen,  when  they  form  a  social  compact,  have  equal  rights ;  and  no 
man,  or  set  of  men,  is  entitled  to  exclusive,  separate,  public  emoluments  or 
privileges,  but  in  consideration  of  public  services. 

3.  No  religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  in  this  State. 

4.  All  men  have  a  natural  and  indefeasible  right  to  worship  God  according 
to4he  dictates  of  their  own  consciences ;  no  man  shall  be  compelled  to  attend, 
erect,  or  support  any  place  of  worship,  or  to  maintain  any  ministry  against  his 
consent ;  no  human  authority  ought,  in  any  case  whatever,  to  control  or  inter- 
fere with  the  rights  of  conscience  in  matters  of  religion,  and  no  preference  shall 
ever  be  given  by  law  to  any  religious  societies  or  modes  of  worship.  But  it 
shall  be  the  duty  of  the  Legislature  to  pass  such  laws  as  shall  be  necessary  to 
protect  every  religious  denomination  in  the  peaceable  enjoyment  of  their  own 
mode  of  public  worship. 

5.  Every  citizen  shall  be  at  liberty  to  speak,  write,  or  publish  his  opinions 
on  any  subject,  being  responsible  for  the  abuse  of  that  privilege ;  and  no  law 
shall  ever  be  passed  curtailing  the  liberty  of  speech  or  of  the  press. 

6.  In  prosecutions  for  the  publication  of  papers  investigating  the  official  con- 
duct of  officers,  or  men  in  a  public  capacity,  or  where  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may  be  given  in  evidence.  And 
in  all  indictments  for  libels,  the  jury  shall  have  a  right  to  determine  the  law 
and  the  facts,  under  the  direction  of  the  court,  as  in  other  cases, 

7.  The  people  shall  be  secure  in  their  persons,  houses,  papers,  and  posses- 
sions, from  all  i» treasonable  seizure^  or  searches;  and  no  warrant  to  search 
any  place,  or  to  s.-ize  any  person  or  thing,  shall  issue,  without  describing  them 
as  near  as  may  be,  nor  without  probable  cause,  supported  by  oath  or  affirma- 
tion. 

8.  In  all  criminal  prosecutions,  the  accused  shall  have  a  speedy  public  trial, 
by  an  impartial  jury ;  he  shall  not  be  compelled  to  give  evidence  against  him- 
self; he  shall  have  the  right  of  being  heard  by  himself  or  counsel  or  both ; 
shall  be  confronted  with  the  witnesses  against  him,  and  shall  have  compulsory 
process  for  obtaining  witnesses  in  his  favor ;  and  no  person  shall  be  holden  to 
answer  for  any  criminal  charge,  but  on  indictment  or  information,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  offences  against  the  laws  regulating 
the  militia. 

9.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless  for  capital  of- 
fences, wnen  the  proof  is  evident  or  the  presumption  great ;  but  this  provision 
shall  not  be  so  construed  as  to  prohibit  bail  after  indictment  found,  upon  an 
examination  of  the  evidence  by  a  judge  of  the  Supreme  or  district  court,  upon 
the  return  of  the  writ  of  habeas  corpus,  returnable  in  the  county  where  the  of- 
fence is  committed. 

10.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  ex- 
cept when,  in  case  of  rebellion  or  invasion  the  public  safety  may  require  it. 

11.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  or  unusual  punishment  inflicted.    All  courts  shall  be  open ;  and  every 

Eerson,  for  an  injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall 
ave  remedy  by  due  course  of  law. 

12.  No  person,  for  the  same  offence,  shall  be  twice  put  in  jeopardy  of  life  or 
limb ;  nor  shall  a  person  be  again  put  upon  trial  for  the  same  offence  after  a 
verdict  of  not  guilty ;  and  the  right  of  trial  by  jury  shall  remain  inviolate. 

]  3.  Every  citizen  shall  have  the  right  to  keep  and  bear  arms  in  the  lawful 
defense  of  himself  and  the  State. 

14.  No  bill  of  attainder,  ex  post  facto  law,  retro-active  law,  or  any  law  im- 
pairing the  obligation  of  contracts,  shall  be  made ;  and  no  person's  property 
shall  be  taken  or  applied  to  public  use,  without  adequate  compensation  being 
made,  unless  by  the  consent  of  such  person. 

15.  No  person  shall  ever  be  imprisoned  for  debt. 

16.  No  citizen  of  this  State  shall  be  deprived  of  life,  liberty,  property,  or 
privileges,  outlawed,  exiled,  or  in  any  manner  disfranchised,  except  by  due 
course  of  the  law  of  the  land. 


TEXAS.  493 


17.  The  military  shall  at  all  times  be  subordinate  to  the  civil  authority. 

18.  Perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  free  govern- 
ment, and  shall  never  be  allowed;  nor  shall  the  law  of  primogeniture  or  en- 
tailments ever  be  in  force  in  this  State. 

19.  The  citizens  shall  have  the  right,  in  a  peaceable  manner,  to  assemble  to- 
gether for  their  common  good,  and  to  apply  to  those  invested  with  the  powers 
of  government  for  redress  of  grievances,  or  other  purposes,  by  petition,  address, 
or  remonstrance. 

20.  No  power  of  suspending  laws  in  this  State  shall  be  exercised,  except  by 
the  Legislature  or  its  authority. 

21.  To  guard  against  transgressions  of  the  high  powers  herein  delegated,  we 
declare  that  everything  in  this  "  bill  of  rights  "  is  excepted  out  of  the  general 
powers  of  Government,  and  shall  forever  remain  inviolate ;  and  all  laws  con- 
trary thereto,  or  to  the  following  provisions,  shall  be  void. 

ARTICLE  II. 

Sec.  1.  The  powers  of  the  government  of  the  State  of  Texas  shall  be  divided 
into  three  distinct  departments,  and  each  of  them  be  confined  to  a  separate  body 
of  magistracy,  to  wit :  those  which  are  legislative,  to  one ;  those  which  are  ex- 
ecutive, to  another;  and  those  which  are  judicial  to  another;  and  no  person, 
or  collection  of  persons,  being  of  one  of  those  departments,  shall  exercise  any 
power  properly  attached  to  either  of  the  otheis,  except  in  the  instances  herein 
expressly  permitted, 

ARTICLE  III. — Legislative  Department. 

Sec.  1.  Every  free  male  person  who  shall  have  attained  the  age  of  twent}'- 
one  years,  and  who  shall  be  a  citizen  of  the  United  States,  or  who  is,  at  the 
time  of  the  adoption  of  this  Constitution  by  the  Congress  of  the  United  States, 
a  citizen  of  the  republic  of  Texas,  and  shall  have  resided  in  this  State  one  year 
next  preceding  an  election,  and  the  last  six  months  within  the  district,  county, 
city,  or  town,  in  which  he  offers  to  vote  (Indians  not  taxed,  Africans  and  de- 
scendants of  Africans,  excepted),  shall  be  deemed  a  qualified  elector ;  and  should 
such  qualified  elector  happen  to  be  in  any  other  county  situated  in  the  district 
in  which  he  resides  at  the  time  of  an  election,  he  shall  be  permitted  to  vote  for 
any  district  officer :  provided,  that  the  qualified  electors  shall  be  permitted  to 
vote  anywhere  in  the  State  for  State  officers :  and  provided,  further,  that  no  sol- 
dier, seaman,  or  marine,  in  the  army  or  navy  of  the  United  States,  shall  be  en- 
titled to  vote  at  any  election  created  by  this  Constitution. 

2.  All  free  male  persons  over  the  age  of  twenty-one  years  ^Indians  not  taxed, 
Africans  and  descendants  of  Africans,  excepted),  who  shall  have  resided  six 
months  in  Texas,  immediately  preceding  the  acceptance  of  this  Constitution 
by  the  Congress  of  the  United  States,  shall  be  deemed  qualified  electors. 

3.  Electors  in  all  cases  shall  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  from  the  same,  except  in  cases 
of  treason,  felony,  or  breach  of  the  peace. 

4.  The  legislative  powers  of  this  State  shall  be  vested  in  two  distinct  branch- 
es ;  the  one  to  be  styled  the  Senate,  and  the  other  the  House  of  Representatives, 
and  both  together  the  "  Legislature  of  the  State  of  Texas."  The  style  of  all 
laws  shall  be,  "  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas." 

5.  The  members  of  the  House  of  Representatives  shall  be  chosen  by  the  quali- 
fied electors,  and  their  term  of  office  shall  be  two  years  from  the  day  of  the 
general  election ;  and  the  sessions  of  the  Legislature  shall  be  biennial,  at  such 
times  as  shall  be  prescribed  by  law. 

6.  No  person  shall  be  a  representative,  unless  he  be  a  citizen  of  the  United 
States,  or  at  the  time  of  the  adoption  of  this  Constitution  a  citizen  of  the  repub- 
lic of  Texas,  and  shall  have  been  an  inhabitant  of  this  State  two  years  next 
preceding  his  election,  and  the  last  year  thereof  a  citizen  of  the  county,  city,  or 
town  for  which  he  shall  be  chosen,  and  shall  have  attained  the  age  of  twenty- 
one  years  at  the  time  of  his  election. 

7.  All  elections  by  the  people  shall  be  held  at  such  time  and  nlaces,  in  the 


494  CONSTITUTION    OP 


several  counties,  cities,  or  towns,  as  are  now,  or  may  hereafter  be,  designated 
by  law. 

8.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the  term  of  four 
years ;  and  shall  be  divided  by  lot  into  two  classes,  as  nearly  equal  as  can  be. 
The  seats  of  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
first  two  years,  and  of  the  second  class  at  the  expiration  of  four  years ;  so  that 
one-half  thereof  shall  be  chosen  biennially  thereafter. 

9.  Such  mode  of  classifying  new  additional  senators  shall  be  observed,  as 
will  as  nearly  as  possible  preserve  an  equality  of  number  in  each  class. 

10.  When  a  senatorial  district  shall  be  composed  of  two  or  more  counties,  it 
shall  not  be  separated  by  any  county  belonging  to  another  district. 

11.  No  person  shall  be  a  senator  unless  he  be  a  citizen  of  the  United  States, 
or  at  the  time  of  the  acceptance  of  this  Constitution  by  the  Congress  of  the  Uni- 
ted States,  a  citizen  of  the  republic  of  Texas ;  and  shall  have  been  an  inhabit- 
ant of  this  State  three  years  next  preceding  the  election,  and  the  last  year 
thereof  a  resident  of  the  district  for  which  he  shall  be  chosen,  and  have  attained 
the  age  of  thirty  years. 

12.  The  House  of  Representatives,  when  assembled,  shall  choose  a  Speaker 
and  its  other  officers ;  and  the  Senate  shall  choose  a  President  for  the  time  be- 
ing and  its  other  officers.  Each  house  shall  judge  of  the  qualifications  and 
elections  of  its  own  members ;  but  contested  elections  shall  be  determined  in 
such  manner  as  shall  be  directed  by  law.  Two-thirds  of  each  house  shall  con- 
stitute a  quorum  to  do  business ;  but  a  smaller  nrmiber  may  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members,  in  such  manner,  and 
under  such  penalties,  as  each  house  may  provide. 

13.  Each  house  may  determine  the  rules  of  its  own  proceedings,  punish 
members  for  disorderly  conduct,  and,  with  the  consent  of  two-thirds,  expel  a 
member,  but  not  a  second  time  for  the  same  ofience. 

14.  Each  house  shall  keep  a  journal  of  its  own  proceedings,  and  publish  the 
same ;  and  the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall  at  the  desire  of  any  three  members  present  be  entered  on  the  journals, 

15.  When  vacancies  happen  in  either  house,  the  Governor,  or  the  person 
exercising  the  power  of  the  Governor,  shall  issue  writs  of  election  to  fill  such 
vacancy. 

16.  Senators  and  representatives  shall  in  all  cases,  except  in  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of  the  Le- 
gislature, and  in  going  to  and  returning  from  the  same,  allowing  one  day  for 
every  twenty  miles  such  member  may  reside  from  the  place  at  which  the  Le- 
gislature is  convened. 

17.  Each  house  may  punish  by  imprisonment  during  the  session,  any  person 
not  a  member,  for  disrespectful  or  disorderly  conduct,  in  its  presence ;  or  for 
obstructing  any  of  its  proceedings :  provided  such  imprisonment  shall  not  at 
any  one  time  exceed  48  hours. 

18.  The  doors  of  each  house  shall  be  kept  open. 

19.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days ;  nor  to  any  other  place  than  that  in  which  they  may  be  sit- 
ting, without  the  concurrence  of  both  houses. 

20.  Bills  may  originate  in  either  house,  and  be  amended,  altered,  or  rejected 
by  the  other ;  but  no  bill  shall  have  the  force  of  a  law  until,  on  three  several 
days,  it  be  read  in  each  house,  and  free  discussion  be  allowed  thereon,  unless, 
in  case  of  great  emergency,  four-fifths  of  the  house  in  which  the  bill  shall  be 
pending  may  deem  it  expedient  to  dispense  with  this  rule  ;  and  every  bill  hav- 
ing passed  both  houses,  shall  be  signed  by  the  Speaker  and  President  of  their 
respective  houses. 

21.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Representa- 
tives ;  but  the  Senate  may  amend  or  reject  them,  as  other  bills. 

22.  After  a  bill  or  resolution  has  been  rejected  by  either  branch  of  the  Legis- 
lature, no  bill  or  resolution  containing  the  same  substance  shall  be  passed  into 
a  law  during  the  same  session. 

23.  Each  member  of  the  Legislature  shall  receive  from  the  public  treasiu-y  a 


TEXAS.  495 


compensation  for  his  services,  which  may  be  increased  or  diminished  by  law ; 
but  no  increase  of  compensation  shall  take  effect  during  the  session  at'which 
such  increase  shall  be  made. 

24.  No  senator  or  representative  shall,  during  the  term  for  which  he  may  be 
elected,  be  eligible  to  any  civil  office  of  profit  under  this  State,  which  shall 
have  been  created,  or  the  emoluments  of  which  may  have  been  increased,  dur- 
ing the  term  ;  and  no  member  of  either  house  of  the  Legislature  shall,  during 
the  term  for  which  he  is  elected,  be  eligible  to  any  office  or  place,  the  appoint- 
ment to  which  may  be  made,  in  whole  or  in  part,  by  either  branch  of  the  Leg- 
islature ;  nor  shall  the  members  thereof  be  capable  of  voting  for  a  member  of 
their  own  body,  for  any  office  whatever,  except  it  be  in  such  cases  as  are  herein 
provided.  The  President  for  the  time  being  of  the  Senate,  and  Speaker  of  the 
House  of  Representatives,  shall  be  elected  from  their  respective  bodies. 

25.  No  judge  of  any  court  of  lawor  equity,  secretary  of  state,  attorney-gen- 
eral, clerk  of  any  court  of  record,  sheriff,  or  collector,  or  any  person  holding  a 
lucrative  office  under  the  United  States,  or  this  State,  or  any  foreign  government, 
shall  be  eligible  to  the  Legislature,  nor  shall  at  the  same  time  hold  or  exercise 
any  two  offices,  agencies,  or  appointments  of  trust  or  profit  under  this  State : 
provided,  that  offices  of  the  militia,  to  which  there  is  attached  no  annual  salary, 
or  the  office  of  justice  of  the  peace,  shall  not  be  deemed  lucrative. 

26.  No  person,  who  at  any  time  may  have  been  a  collector  of  taxes,  or  who 
may  have  been  otherwise  entrusted  with  public  money,  shall  be  eligible  to  the 
Legislature,  or  to  any  office  of  profit  or  trust  under  the  State  government,  until 
he  shall  have  obtained  a  discharge  for  the  amount  of  such  collections,  and  for 
all  public  moneys  with  which  he  may  have  been  entrusted. 

27.  Ministers  of  the  gospel  being  by  their  profession  dedicated  to  God  and 
the  care  of  souls,  ought  not  to  be  diverted  from  the  great  duties  of  their  func- 
tions ;  therefore  no  minister  of  the  gospel,  or  priest  of  any  denomination  what- 
ever, shall  be  eligible  to  the  Legislature. 

28.  Elections  for  senators  and  representatives  shall  be  general  throughout  the 
State,  and  shall  be  regulated  by  law. 

29.  The  Legislature  shall,  at  their  first  meeting,  and  in  the  year  one  thou- 
sand eight  hundred  and  forty-eight,  and  fifty,  and  every  eight  years  thereafter, 
cause  an  enumeration  to  be  made  of  all  the  free  inhabitants  (Indians  not  taxed, 
Africans  and  descendants  of  Africans,  excepted)  of  the  State,  designating  par- 
ticularly the  number  of  qualified  electors ;  and  the  whole  number  of  represent^ 
atives  shall,  at  the  several  periods  of  making  such  enumeration,  be  fixed  by  the 
Legislature,  and  apportioned  among  the  several  counties,  cities  or  towns,  ac- 
cording to  the  number  of  free  population  in  each ;  and  shall  not  be  less  than 
forty-five,  nor  more  than  ninety. 

30.  Until  after  the  first  enumeration  and  apportionment  under  this  Constitu- 
tion, the  following  shall  be  the  apportionment  of  representatives  amongst  the 
several  counties,  viz. : 

The  county  of  Montgomery  shall  elect  four  representatives ;  the  counties  of 
Red  River,  Harrison,  Nacogdoches,  Harris,  and  Washington,  shall  elect  three 
representatives  each ;  the  counties  of  Fannin,  Lamar,  Bowie,  Shelby,  San  Au- 
gustine, Rusk,  Houston,  Sabine,  Liberty,  Robertson,  Galveston,  Brazoria,  Fay- 
ette, Colorado,  Austin,  Gonzales,  and  Bexar,  two  representatives  each ;  the 
counties  of  Jefferson,  Jasper,  Brazos,  Milan,  Bastrop,  Travis,  Matagorda, 
Jackson,  Fort  Bend,  Victoria,  Refugio,  Goliad,  and  San  Patricio,  one  repre- 
sentative each. 

31.  The  whole  number  of  senators  shall,  at  the  next  session  after  the  several 
periods  of  making  the  enumeration,  be  fixed  by  the  Legislature,  and  appor- 
tioned among  the  several  districts  to  be  established  by  law,  according  to  the 
number  of  qualified  electors,  and  shall  never  be  less  than  nineteen,  nor  more 
than  thirty-three.  • 

32.  Until  the  first  enumeration,  as  provided  for  by  this  Constitution,  the  sen- 
atorial districts  shall  be  as  follows,  to  wit :  The  counties  of  Fannin  and  Lamar 
shall  constitute  the  first  district,  and  elect  one  senator ;  the  counties  of  Red 
River  and  Bowie,  the  second  district,  and  elect  one  senator :  the  counties  of 


496  CONSTITUTIDN    OF 


Fannin,  Lamar,  Red  River,  and  Bowie,  conjointly,  shall  elect  one  senator; 
the  county  of  Harrison,  the  third  district,  shall  elect  one  senator ;  the  counties 
of  Nacogdoches,  Rusk,  and  Houston,  the  fourth  district,  shall  elect  two  sena- 
tors ;  the  counties  of  San  Augustine  and  Shelby,  the  fifth  district,  shall  elect 
one  senator ;  the  counties  of  Sabine  and  Jasper,  the  sixth  district,  shall  elect 
one  senator  ;  the  counties  of  Liberty  and  Jefferson,  the  seventh  district,  shall 
elect  one  senator ;  the  counties  of  Robertson  and  Brazos,  the  eighth  district, 
shall  elect  one  senator ;  the  county  of  Montgomery,  the  ninth  district,  shall  elect 
one  senator ;  the  county  of  Harris,  the  tenth  district,  shall  elect  one  senator ; 
the  county  of  Galveston,  the  eleventh  district,  shall  elect  one  senator ;  the  coun- 
ties of  Brazoria  and. Matagorda,  the  twelfth  district,  shall  elect  one  senator; 
the  counties  of  Austin  and  Fort  Bend,  the  thirteenth  district,  shall  elect  one 
senator ;  the  counties  of  Colorado  and  Fayette,  the  fourteenth  district,  shall 
elect  one  senator;  the  counties  of  Bastrop  and  Travis,  the  fifteenth  district, 
shall  elect  one  senator ;  the  counties  of  Washington  and  Milan,  the  sixteenth 
district,  shall  elect  one  senator ;  the  counties  of  Victoria,  Gonzales,  and  Jack- 
son, the  seventeenth  district,  shall  elect  one  senator ;  the  county  of  Bexar,  the 
eighteenth  district,  shall  elect  one  senator ;  and  the  counties  of  Goliad,  Refugio, 
and  San  Patricio,  the  nineteenth  district,  shall  elect  one  senator, 

33.  The  first  session  of  the  Legislature,  after  the  adoption  of  the  Constitu- 
tion by  the  Congress  of  the  United  States,  shall  be  held  at  the  city  of  Austin,  the 
present  seat  of  government,  and  thereafter,  until  the  year  one  thousand  eight 
hundred  and  fifty  ;  after  which  period,  the  seat  of  government  shall  be  perma- 
nently located  by  the  people. 

34.  The  members  of  the  Legislature  shall  at  their  first  session  receive  from 
the  treasury  of  the  State,  as  their  compensation,  three  dollars  for  each  day  they 
shall  be  in  attendance  on,  and  tliree  dollars  for  every  twenty-five  miles  travel- 
ing to  and  from  the  place  of  convening  the  Legislature. 

35.  In  order  to  settle  permanently  the  seat  of  government,  an  election  shall 
be  holden  throughout  the  State,  at  the  usual  places  of  holding  elections,  on  the 
first  Monday  in  March,  one  thousand  eight  hundred  and  fifty — which  shall  be 
conducted  according  to  law — at  which  time  the  people  shall  vote  for  such  place 
as  they  may  see  proper  for  the  seat  of  government.  The  returns  of  said  elec- 
tion to  be  transmitted  to  the  Governor  by  the  first  Monday  in  June :  if  either 
place  voted  for  shall  have  a  majority  of  the  whole  number  of  votes  cast,  then 
the  same  shall  be  the  permanent  seat  of  government  until  the  year  one  thou- 
sand eight  hundred  and  seventy,  unless  the  State  shall  sooner  be  divided.  But 
in  case  neither  place  voted  for  .shall  have  the  majority  of  the  whole  number  of 
votes  given  in,  then  the  Governor  shall  issue  his  proclamation  for  an  election 
to  be  holden  in  the  same  manner,  on  the  first  Monday  in  October,  one  thousand 
eight  hundred  and  fifty,  between  the  two  places  having  the  highest  number  of 
votes  at  the  first  election.  The  election  shall  be  conducted  in  the  same  manner 
as  at  the  first,  and  the  returns  made  to  the  Governor ;  and  the  place  having  the 
highest  number  of  votes  shall  be  the  seat  of  government  for  the  time  herein 
provided.  ^ 

ARTICLE  IV. — Judicial  Department. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  one  Supreme 
Court,  in  district  courts,  and  in  such  inferior  courts  as  the  Legislature  may 
from  time  to  time  ordain  and  establish ;  and  such  jurisdiction  may  be  vested 
in  corporation  courts  as  may  be  deemed  necessary,  and  be  directed  by  law, 

2.  The  Supreme  Court  shall  consist  of  a  Chief-Justice  and  two  associates, 
any  two  of  whom  shall  form  a  quorum. 

3.  The  Supreme  Court  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  limits  of  the  State ;  but,  in  criminal  cases,  and  in  ap- 
peals from  interlocutory  judgments,  with  such  exceptions  and  under  such  regu- 
latTons  as  the  Legislature  shall  make ;  and  the  Supreme  Court  and  j  udges 
thereof  shall  have  power  to  issue  the  writ  of  habeas  corpus,  and,  under  such 
regulations  as  may  be  prescribed  by  law,  may  issue  writs  of  mandamus,  and 
such  other  writs  as  shal^  be  necessary  to  enforce  its  own  jurisdiction ;  and  also 


TEXAS.  497 

compel  a  judge  of  the  district  court  to  proceed  to  trial  and  judgment  in  a  cause ; 
and  the  Supreme  Court  shall  hold  its  sessions  once  every  year,  between  the 
months  of  October  and  June,  inclusive,  at  not  more  than  three  places  in  the 
State. 

4.  The  Supreme  Court  shall  appoint  its  own  clerks,  who  shall  hold  their 
offices  for  four  years,  and  be  subject  to  removal  by  the  said  Court  for  neglect 
of  duty,  misdemeanor  in  office,  and  such  other  causes  as  may  be  prescribed  by 
law. 

5.  The  Governor  shall  nominate,  and,  by  and  with  the  advice  and  consent 
of  two-thirds  of  the  Senate,  shall  appoint  the  judges  of  the  Supreme  and  dis- 
trict courts,  and  they  shall  hold  their  offices  for  six  years. 

6.  The  State  shall  be  divided  into  convenient  judicial  districts.  For  each 
district  there  shall  be  appointed  a  judge,  who  shall  reside  in  the  same,  and  hold 
the  courts  at  one  place  in  each  county,  and  at  least  twice  in  each  year,  in  such 
manner  as  may  be  prescribed  by  law. 

7.  The  judges  of  the  Supreme  Court  shall  receive  a  salary  not  less  than  two 
thousand  dollars  annually,  and  the  judges  of  the  district  court  a  salary  not 
less  than  seventeen  hundred  and  fifty  dollars  annually  ;  and  the  salaries  of  the 
judges  shall  not  be  increased  or  diminished  during  their  continuance  in  office, 

8.  The  judges  of  the  Supreme  and  district  courts  shall  be  removed  by  the 
Governor,  on  the  address  of  two-thirds  of  each  house  of  the  Legislature,  for 
wilful  neglect  of  duty,  or  other  reasonable  cause  which  shall  not  be  sufficient 
ground  for  impeachment;  provided,  however,  that  the  cause  or  causes  for 
which  such  removal  shall  be  required,  shall  be  stated  at  length  in  such  address, 
and  entered  on  the  journals  of  each  house :  and  provided,  further,  that  the  cause 
or  causes  shall  be  notified  to  the  judge  so  intended  to  be  removed;  and  he  shall 
be  admitted  to  a  hearing  in  his  own  defense,  before  a  vote  for  any  such  address 
shall  pass ;  and,  in  all  such  cases,  the  vote  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journals  of  each  house  respectively. 

9.  All  judges  of  the  Supreme  and  district  courts  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State.  The  style  of  all 
writs  and  processes  shall  be,  "  The  State  of  Texas."  All  prosecutions  shall  be 
carried  on  in  the  name  and  by  the  authority  of  the  "  State  of  Texas,"  and  con- 
clude, "  against  the  peace  and  dignity  of  the  State." 

10.  The  district  court  shall  have  original  jurisdiction  of  all  criminal  cases, 
of  all  suits  in  behalf  of  the  State  to  recover  penalties,  forfeitures,  and  escheats, 
and  of  all  cases  of  divorce,  and  of  all  suits,  complaints,  and  pleas  whatever, 
without  regard  to  any  distinction  between  law  and  equity,  when  the  matter  in 
controversy  shall  be  valued  at,  or  amount  to,  one  hundred  dollars,  exclusive  of 
interest ;  and  the  said  courts,  or  the  judges  thereof,  shall  have  power  to  issue 
all  writs  necessary  to  enforce  their  own  jurisdiction,  and  give  them  a  general 
superintendence  and  control  over  inferior  jurisdictions. 

And  in  the  trial  of  all  criminal  cases,  the  jury  trying  the  same  shall  fine  and 
assess  the  amount  of  punishment  to  be  inflicted,  or  fine  imposed,  except  in  cap- 
ital cases,  and  where  the  punishment  or  fine  imposed  shall  be  specifically  im- 
posed by  law. 

11.  There  shall  be  a  clerk  of  the  district  court  for  each  county,  who  shall  be 
elected  by  the  qualified  voters  for  members  of  the  Legislature,  and  who  shall 
hold  his  office  for  four  years,  subject  to  removal  by  information,  or  by  present- 
ment of  a  grand  jury,  and  conviction  of  a  petit  jury.  In  case  of  va  jancy,  the 
judge  of  the  district  shall  have  the  power  to  appoint  a  clerk  until  a  regular 
election  can  be  held. 

12.  The  Governor  shall  nominate,  and,  by  and  with  the  advice  and  consent 
of  two-thirds  of  the  Senate,  appoint  an  Attorney-General,  who  shall  hold  his 
office  for  two  years ;  and  there  shall  be  elected,  by  joint  vote  of  both  houses  of 
the  Legislature,  a  district-attorney  for  each  district,  who  shall  hold  his  office 
for  two  years  ;  and  the  duties,  salaries,  and  perquisites  of  the  Attorney-General 
and  district-attorneys,  shall  be  prescribed  by  law. 

13.  There  shall  be  appointed  for  each  county  a  convenientnumber  of  justices 
of  the  peace,  one  sheriff,  one  coroner,  and  a  sufficient  number  of  constables, 


498  CONSTITUTION    OF 


who  shall  hold  their  offices  for  two  years,  to  be  elected  by  the  qualified  voters 
of  the  district  or  county,  as  the  Legislature  may  direct.  Justices  of  the  peace, 
sheriff,  and  coroner,  shall  be  commissioned  by  the  Governor.  The  sheriff 
shall  not  be  eligible  more  than  four  years  in  every  six, 

14.  No  judge  shall  sit  in  any  case  wherein  he  may  be  interested,  or  where 
either  of  the  parties  may  be  connected  with  him  by  affinity  or  consanguinity, 
within  such  degrees  as  may  be  prescribed  by  law,  or  where  he  shall  have  been 
of  counsel  in  the  cause.  When  the  Supreme  Court,  or  any  two  of  its  members, 
shall  be  thus  disqualified  to  hear  and  determine  any  cause  or  causes  in  said 
court,  or  when  no  judgment  can  be  rendered  in  any  case  or  cases  in  said  court, 
by  reason  of  the  equal  division  of  opinion  of  said  judges,  the  same  shall  be 
certified  to  the  Governor  of  the  State,  who  shall  immed'iatety  commission  the 
requisite  number  of  persons  learned  in  the  law,  for  the  trial  and  determination 
of  said  case  or  cases.  When  the  judges  of  the  district  court  are  thus  disqual- 
ified, the  parties  may,  by  consent,  appoint  a  proper  person  to  try  the  said  case  ; 
and  the  judges  of  the  said  courts  may  exchange  districts,  or  hold  courts  for 
each  other,  when  they  n^ay  deem  it  expedient,  and  shall  ,do  so  when  directed 
by  law.  The  disqualifications  of  judges  of  inferior  tribunals  shall  be  reme- 
died as  may  hereafter  be  by  law  prescribed. 

15.  Inferior  tribunals  shall  be  established  in  each  county  for  appointing 
guardians ;  granting  letters  testamentary  and  of  administration ;  for  settling 
the  accounts  of  executors,  administrators,  and  guardians,  and  for  the  transac- 
tion of  business  appertaining  to  estates ;  and  the  district  courts  shall  have 
original  and  appellate  jurisdiction  and  general  control  over  the  said  inferior 
tribunals,  and  original  jurisdiction  and  control  over  executors,  administrators, 
guardians,  and  minors,  under  such  regulation  as  may  be  prescribed  by  law. 

16.  In  the  trial  of  all  causes  in  equity  in  the  district  court,  the  plaintiff  or 
defendant  shall,  upon  application  made  in  open  court,  have  the  right  of  trial 
by  jury,  to  be  governed  by  the  rules  and  regulations  prescribed  in  trials  at  law. 

17.  Justices  of  the  peace  shall  have  such  civil  and  criminal  jurisdiction  as 
shall  be  provided  for  by  law. 

18.  In  all  causes  arising  out  of  a  contract,  before  any  inferior  judicial  tribu- 
nal, when  the  amount  in  controversy  shall  exceed  ten  dollars,  the  plaintifl  or 
defendant  shall,  upon  application  to  the  presiding  officer,  have  the  right  of  trial 
by  jury. 

19.  In  all  cases  where  justices  of  the  peace  or  other  judicial  officers  of 
inferior  tribunals  shall  have  jurisdiction  in  the  trial  of  causes  where  the  pen- 
alty for  the  violation  of  a  law  is  fine  or  imprisonment  (except  in  case  of  con- 
tempt), the  accused  shall  have  the  right  of  trial  by  jury. 

ARTICLE  V. — Executive  Department. 
Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  Governor  of  the  State  of  Texas. 

2.  The  Governor  shall  be  elected  by  the  qualified  electors  of  the  State  at  the 
time  and  places  of  elections  for  members  of  the  Legislature. 

3.  The  returns  of  every  election  for  Governor,  until  otherwise  provided  by 
law,  shall  be  made  out,  sealed  up,  and  transmitted  to  the  seat  of  government, 
and  directed  to  the  Speaker  of  the  House  of  Representatives,  who  shall,  during 
the  first  week  of  the  session  of  the  Legislature  thereafter,  open  and  publish 
them  in  the  presence  of  both  houses  of  the  Legislature ;  the  person  having  the 
highest  number  of  votes,  and  being  constitutionally  eligible,  shall  be  declared 
by  the  Speaker,  under  the  direction  of  the  Legislature,  to  be  Governor;  but  if 
two  or  more  persons  shall  have  the  highest  and  an  equal  number  of  votes,  one 
of  them  shall  be  immediately  chosen  Governor  by  joint  vote  of  both  houses 
of  the  Legislature.  Contested  elections  for  Governor  shall  be  determined  by 
both  houses  of  the  Legislature. 

4.  The  Governor  shall  hold  his  office  for  the  term  of  two  years  from  the  regu- 
lar time  of  installation,  and  until  his  successor  shall  be  duly  qualified,  but  shall 
not  be  eligible  for  more  than  four  years  in  any  terra  of  six  years ;  he  shall  be 
at  least  thirty  years  of  age,  shall  be  a  citizen  of  the  United  States,  or  a  citizen 


TKXAS.  499 


of  the  State  of  Texas,  at  the  time  of  the  adoption  of  this  Constitution,  and  shall 
have  resided  in  the  same  three  years  immediately  preceding  his  election. 

5.  He  shall,  at  stated  times,  receive  a  compensation  for  his  services,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which  he  shall  have 
been  elected.  The  first  Governor  shall  receive  an  annaal  salary  of  two  thou- 
sand dollars,  and  no  more. 

6.  The  Governor  shall  be  commander-in-chief  of  the  army  and  navy  of  this 
State,  and  of  the  militia,  except  when  they  shall  be  called  into  the  service  of 
the  United  States. 

7.  He  may  require  information,  in  writing,  from  the  officers  of  the  executive 
department,  on  any  subject  relating  to  the  duties  of  their  respective  offices. 

8.  He  may,  by  proclamation,  on  extraordinary  occasions,  convene  the  Legis- 
lature at  the  seat  of  government,  or  at  a  different  place,  if  that  should  be  in  the 
actual  possession  of  a  public  enemy  ;  in  case  of  disagreement  between  the  two 
houses  with  respect  to  the  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  beyond  the  day  of  the  next  regular  meeting  of  the 
Legislature. 

9.  He  shall,  from  time  to  time,  give  to  the  Legislature  information,  in  writing, 
of  the  state  of  the  government,  and  recommend  to  their  consideration  such  mea- 
sures as  he  may  deem  expedient. 

10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

11.  In  all  criminal  cases,  except  in  those  of  treason  and  impeachment,  he 
shall  have  power,  after  conviction,  to  grant  reprieves  and  pardons ;  and,  under 
such  rules  as  the  Legislature  may  prescribe,  he  shall  have  power  to  remit  fines 
and  forfeitures.  In  cases  of  treason,  he  shall  have  power,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  grant  reprieves  and  pardons ;  and  he  may, 
in  the  recess  of  the  Senate,  respite  the  sentence  imtil  the  end  of  the  next  ses- 
sion of  the  Legislature. 

12.  There  shall  also  be  a  Lieutenant-Governor,  who  shall  be  chosen  at  every 
election  for  Governor  by  the  same  persons,  and  in  the  same  manner,  continue 
in  office  for  the  same  time,  and  possess  the  same  qualifications.  In  voting  for 
Governor  and  Lieutenant-Governor,  the  electors  shall  distinguish  for  •  whom 
they  vote  for  as  Governor  and  for  whom  as  Lieutenant-Governor.  The 
Lieutenant-Governor  shall,  by  virtue  of  his  office,  be  President  of  the  Senate, 
and  have,  when  in  committee  of  the  whole,  a  right  to  debate  and  vote  on  all 
questions,  and,  when  the  Senate  is  equally  divided,  to  give  the  casting  vote. 
In  case  of  the  death,  resignation,  removal  from  office,  inability  or  refusal  of  the 
Governor  to  serve,  or  of  his  impeachment  or  absence  from  the  State,  the  Lieu- 
tenant-Governor shall  exercise  the  powers  and  authority  appertaining  to  the 
office  of  Governor,  until  another  be  chosen  at  the  periodical  election  for  Gov- 
ernor, and  be  duly  qualified,  or  until  the  Governor  impeached,  absent,  or  disa- 
bled, shall  be  acquitted,  return,  or  his  disability  be  removed. 

13.  Whenever  the  government  shall  be  administered  by  the  Lieutenant-Gov- 
ernor, or  he  shall  be  unable  to  attend  as  President  of  the  Senate,  the  Senate 
shall  elect  one  of  their  own  members  as  President  for  the  time  being.  And  if, 
during  the  vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor  shall 
die,  resign,  refuse  to  serve,  or  be  removed  from  office,  or  be  unable  to  serve,  or 
if  he  shall  be  impeached,  or  absent  from  the  State,  the  President  of  the  Senate 
for  the  time  being  shall,  in  like  manner,  administer  the  government  until  he 
shall  be  superseded  by  a  Governor  or  Lieutenant-Governor ;  the  Lieutenant- 
Governor  shall,  whilst  he  acts  as  President  of  the  Senate,  receive  for  his  ser- 
vices the  same  compensation  which  shall  be  allowed  to  the  Speaker  of  the 
House  of  Representatives,  and  no  more  ;  and  during  the  time  he  administers 
the  government  as  Governor,  shall  receive  the  same  compensation  which  the 
Governor  would  have  received  had  he  been  employed  in  the  duties  of  his  office, 
and  no  more.  The  President  for  the  time  being  of  the  Senate  shall,  during  the 
time  he  aaministers  the  government,  receive  in  like  manner  the  same  compen- 
sation which  the  Governor  would  have  received  had  he  been  employed  in  the 
duties  of  his  office.  If  the  Lieutenant-Governor  shall  be  required  to  adminis- 
ter the  government,  and  shall,  whilst  in  such  administration,  die,  resign,  or  be 


500  CONSTITUTION    OF 


absent  from  the  State,  during  the  recess  of  the  Legislature,  it  shall  be  the  duty 
of  the  Secretary  of  State  to  convene  the  Senate  for  the  purpose  of  choosing 
a  President  for  the  time  being. 

14.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by  the  Gov- 
ernor and  used  by  him  officially.  The  said  seal  shall  be  a  star  of  five  points 
encircled  by  an  olive  and  live-oak  branches,  and  the  words,  "the  State  of 
Texas." 

15.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the  State 
of  Texas,  be  sealed  with  the  State  seal,  signed  by  the  Governor,  and  attested 
by  the  Secretary  of  State. 

16.  There  shall  be  a  Secretary  of  State,  who  shall  be  appointed  by  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the  Senate,  and  shall  continue  in 
office  during  the  term  of  service  of  the  Governor  elect.  He  shall  keep  a  fair 
register  of  all  official  acts  and  proceedings  of  the  Governor ;  and  shall,  when 
required,  lay  the  same,  and  all  papers,  minutes  and  vouchers,  relative  thereto, 
before  the  Legislature,  or  either  house  thereof;  and  shall  perform  such  other 
duties  as  may  be  required  of  him  by  law. 

17.  Every  bill  which  shall  have  passed  both  houses  of  the  Legislature  shall 
be  presented  to  the  Governor ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he 
shall  return  it  with  his  objections  to  the  house  in  which  it  shall  have  originat- 
ed, who  shall  enter  the  objections  at  large  upon  the  journals,  and  proceed  to 
reconsider  it ;  if,  after  such  reconsideration,  two-thirds  of  the  members  present 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered ;  if  approved  by  two-thirds  of 
the  members  present  of  that  house,  it  shall  become  a  law;  but,  in  such  cases, 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  members  voting  for  or  against  the  bill  shall  be  entered  on  the  journals 
of  each  house  respectively.  If  any  bill  shall  not  be  returned  by  the  Governor 
within  five  days,  Sundays  excepted,  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it.  Every  bill 
presented  to  the  Governor  one  day  previous  to  the  adjournment  of  the  Legisla- 
ture, and  not  returned  to  the  house  in  which  it  originated,  before  its  adjourn- 
ment, shall  become  a  law,  and  have  the  same  force  and  efiect  as  if  signed  by 
the  Governor. 

18.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  both  houses 
of  the  Legislature  may  be  necessary,  except  on  questions  of  adjournment,  shall 
be  presented  to  the  Governor,  and  before  it  shall  take  efiect,  be  approved  by 
him ;  or,  being  disapproved,  shall  be  repassed  by  both  houses  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

19.  The  Governor,  by  and  with  the  advice  and  consent  of  two-thirds  of  the 
Senate,  shall  appoint  a  convenient  number  of  notaries-public,  not  exceeding 
six  for  each  county,  who,  in  addition  to  such  duties  as  are  prescribed  by  law, 
shall  discharge  such  other  duties  as  the  Legislature  may,  from  time  to  time, 
prescribe. 

20.  Nominations  to  fill  vacancies  that  may  have  occurred  during  the  recess 
shall  be  made  to  the  Senate  during  the  first  ten  days  of  its  session.  And  should 
any  nomination  so  made  be  rejected,  the  same  individual  shall  not  again  be 
nominated  during  the  session  to  fill  the  same  office.  And  should  the  Governor 
fail  to  make  nominations  to  fill  any  vacancy  during  the  session  of  the  Senate, 
such  vacancy  shall  not  be  filled  by  the  Governor  until  the  next  meeting  of  the 
Senate. 

21.  The  Governor  shall  reside,  during  the  session  of  the  Legislature,  at  the 
place  where  their  sessions  may  be  held,  and,  at  all  other  times,  wherever,  in 
their  opinion,  the  public  good  may  require. 

22.  No  person  holding  the  office  of  Governor  shall  hold  any  other  office  or 
commission,  civil  or  military. 

23.  A  State  treasurer  and  comptroller  of  public  accounts  shall  be  biennially 
elected  by  the  joint  ballot  of  both  houses  of  the  Legislature,  and,  in  case  of  va- 
cancy in  either  of  said  offices  during  the  recess  of  the  Legislature,  such  vacan- 


TEXAS.  501 


cy  shall  be  filled  by  the  Governor,  which  appointment  shall  continue  until  the 
close  ol  tl  e  next  session  of  the  Legislature  thereafter. 

ARTICLE  Yl.— Militia. 

Sec.  L  The  Legislature  shall  provide  by  law  for  organizing  and  disciplining 
the  militia  of  this  State,  in  such  manner  as  they  shall  deem  expedient,  not  in- 
compatible with  the  Constitution  and  laws  of  the  United  States  in  relation 
thereto. 

2.  Any  person  who  conscientiously  scruples  to  bear  arms,  shall  not  be  com- 
pelled to  do  so,  but  shall  pay  an  equivalent  for  personal  service, 

3.  No  licensed  minister  of  the  gospel  shall  be  required  to  perform  military 
duty,  work  on  roads,  or  serve  on  juries,  in  this  State. 

4.  The  Governor  shall  have  power  to  call  forth  the  militia  to  execute  the 
laws  of  the  State,  to  suppress  insurrections,  and  to  repel  invasions. 

ARTICLE  YU.— General  Provisions. 

Sec.  1.  Members  of  the  Legislature,  and  all  officers,  before  they  enter  upon 
the  duties  of  their  office,  shall  take  the  following  oath  or  affirmation :  "  I,  A.  B., 
do  solemnly  swear  (or  affirm)  that  I  will  faithfully  and  impartially  discharge 

and  perform  all  the  duties  incumbent  on  me  as ,  according  to  the  best  of 

my  skill  and  ability,  agreeably  to  the  Constitution  and  laws  of  the  United 
States,  and  of  this  State ;  and  I  do  further  solemnly  swear  (or  affirm)  that, 
since  the  adoption  of  this  Constitution  by  the  Congress  of  the  United  States,  I, 
being  a  citizen  of  this  State,  have  not  fought  a  duel  with  deadly  weapons  within 
this  State,  or  out  of  it ;  nor  have  I  sent  or  accepted  a  challenge  to  fight  a  duel 
with  deadly  weapons ;  nor  have  I  acted  as  second  in  carrying  a  challenge,  or 
aided,  advised,  or  assisted  any  person  thus  offending :  so  help  me  God." 

2.  Treason  against  this  State  shall  consist  only  in  levying  war  against  it,  or 
in  adhering  to  its  enemies,  giving  them  aid  and  comfort ;  and  no  person  shall 
be  convicted  of  treason,  unless  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  his  own  confession  in  open  court. 

3.  Every  person  shall  be  disqualified  from  holding  any  office  of  trust  or  profit 
in  this  State,  who  shall  have  been  convicted  of  having  given  or  ofiered  a  bribe 
to  procure  his  election  or  appointment. 

4.  Laws  shall  be  made,  to  exclude  from  office,  serving  on  juries,  and  from 
the  right  of  suffrage,  those  who  shall  hereafter  be  convicted  of  bribery,  perjury, 
forgery,  or  other  high  crimes.  The  privilege  of  free  sufifrage  shall  be  supported 
by  laws  regulating  elections,  and  prohibiting,  under  adequate  penalties,  all  un- 
due influence  thereon,  from  power,  bribery,  tumult,  or  other  improper  practice. 

5.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of  this  Constitution, 
fight  a  duel  with  deadly  weapons,  or  send  or  accept  a  challenge  to  fight  a  duel 
with  deadly  weapons,  either  within  the  State  or  out  of  it,  or  who  shall  act  as 
second,  or  knowingly  aid  and  assist,  in  any  manner,  those  thus  offending,  shall 
be  deprived  of  holding  any  office  of  trusj  or  profit  under  this  State. 

6.  In  all  elections  by  the  people,  the  vote  shall  be  by  ballot,  until  the  Legis- 
lature shall  otherwise  direct ;  and  in  all  elections  by  the  Senate  and  House  of 
Representatives,  jointly  or  separately,  the  vote  shall  be  given  viva  voce,  except 
in  the  election  of  their  officers. 

7.  The  Legislature  shall  provide  by  law  for  the  compensation  of  all  officers, 
servants,  agents,  and  public  contractors  not  provided  for  by  this  Constitution ; 
and  shall  not  grant  extra  compensation  to  any  officer,  agent,  servant,  or  public 
contractor,  after  such  public  service  shall  have  been  performed,  or  contract  en- 
tered into  for  the  performance  of  the  same ;  nor  grant,  by  appropriation  or  other- 
wise, any  amount  of  money  out  of  the  treasury  of  the  State,  to  any  individual, 
on  a  claim,  real  or  pretended,  where  the  same  shall  not  have  been  provided  for 
by  pre-existing  law :  Provided,  that  nothing  in  this  section  shall  be  so  con- 
strued as  to  affect  the  claims  of  persons  against  the  republic  of  Texas,  hereto- 
fore existing. 

8.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance  of  specific 
appropriations  made  by  law;  nor  shall  any  appropriation  of  money  be  made 


§^  '  CONSTITUTION    OP 


for  a  longer  term  than  two  years,  except  for  purposes  of  education ;  and  no  ap- 
propriation for  private  or  individual  purposes,  or  for  purposes  of  internal  im- 
provement, shall  be  made  without  the  concurrence  of  two-thirds  of  both  houses 
of  Uie  Legislature.  A  regular  statement  and  account  of  the  receipts  and  ex- 
penditures of  all  public  money  shall  be  published  annually,  in  such  manner  as 
shall  be  prescribed  by  law.  And  in  no  case  shall  the  Legislature  have  the 
power  to  issue  treasury  warrants,  treasury  notes,  or  paper  of  any  description, 
intended  to  circulate  as  money. 

9.  All  civil  officers  shall  reside  within  the  State ;  and  all  district  or  county 
officers,  within  their  districts  or  counties  ;  and  shall  keep»their  offices  at  such 
places  therein,  as  may  be  required  by  law. 

10.  The  duration  of  all  offices  not  fixed  by  this  Constitution,  shall  never  ex- 
ceed four  years. 

11.  Absence  on  the  business  of  this  State,  or  of  the  United  States,  shall  not 
forfeit  a  residence  once  obtained,  so  as  to  deprive  any  one  of  the  right  oi  suff"- 
rage,  or  oi"  being  elected  or  appointed  to  any  office,  under  the  exceptions  con- 
tained in  this  Constitution. 

12.  The  Legislature  shall  have  power  to  provide  for  deductions  from  the 
salaries  of  public  officers,  who  may  neglect  the  performance  of  any  duty  that 
may  be  assigned  them  by  law. 

13.  No  member  of  Congress,  nor  person  holding  or  exercising  any  office  of 
profit  or  trust  under  the  United  States,  or  either  of  them,  or  under  any  foreign 
power,  shall  be  eligible  as  a  member  of  the  Legislature,  or  hold  or  exercise 
any  office  of  profit  or  trust  under  this  State. 

14.  The  Legislature  shall  provide  for  a  change  of  venue  in  civil  and  crimi- 
nal cases ;  and  for  the  erection  of  a  penitentiary  at  as  early  a  day  as  practica- 
ble. 

15.  It  shall  be  the  duty  of  the  Legislature  to  pass  such  laws  as  may  be  neces- 
sary and  proper  to  decide  differences  by  arbitration,  when  the  parties  shaB 
elect  that  method  of  trial. 

16.  Within  five  years  after  the  adoption  of  this  Constitution,  the  laws,  civil 
and  criminal,  shall  be  revised  digested,  arranged,  and  published  in  such  manner 
as  the  Legislature  shall  direct ;  and  a  like  revision,  digest,  and  publication, 
shall  be  made  every  ten  years  thereafter. 

17.  No  lottery  shall  be  authorized  by  this  State  ;  and  the  buying  or  selling 
of  lottery  tickets  within  this  State  is  prohibited. 

18.  No  divorce  shall  be  granted  by  the  Legislature. 

19.  All  property  both  real  and  personal,  of  the  wife,  owned  or  claimed  by  her 
before  marriage,  and  that  acquired  afterwards  by  gift,  devise,  or  descent,  shall 
be  her  separate  property ;  and  laws  shall  be  passed  more  clearly  defining  the 
rights  of  the  wife,  in  relation  as  well  to  her  separate  property,  as  that  held  in 
common  with  her  husband.  Laws  shall  also  be  passed  providing  for  the 
registration  of  the  wife's  separate  property. 

20.  The  rights  of  property  and  of  action  which  have  been  acquired  under 
the  Constitution  and  laws  of  the  republic  of  Texas,  shall  not  be  divested ;  nor 
shall  any  rights  or  actions  which  have  been  divested,  barred,  or  declared  null 
and  void  by  the  Constitution  and  laws  of  the  republic  of  Texas,  be  re-invested, 
revived,  or  reinstated  by  this  Constitution ;  but  the  same  shall  remain  precisely 
in  the  situation  in  which  they  were  before  the  adoption  of  this  Constitution. 

21.  All  claims,  locations,  surveys,  grants,  and  titles  to  land,  which  are  de- 
clared null  and  void  by  the  Constitution  of  the  republic  of  Texas,  are,  and  the 
same  shall  remain  forever,  null  and  void. 

22.  The  Legislature  shall  have  power  to  protect  by  law,  from  forced  sale,  a 
certain  portion  of  the  property  of  all  heads  of  families.  The  homestead  of  a 
family,  not  to  exceed  two  hundred  acres  of  land  (not  included  in  a  town  or  city), 
or  any  town  or  city  lot  or  lots,  in  value  not  to  exceed  two  thousand  dollars,  shall 
not  be  subject  to  forced  sale  for  any  debts^  hereafter  contracted ;  nor  shall  the 
owner,  if  a  married  man,  be  at  liberty  to  alienate  the  same,  unless  by  the  con- 
sent of  the  wife,  in  such  manner  as  the  Legislature  may  hereafter  point  out. 

23.  The  Legislature  shall  proTide  in  what  cases  officers  shall  continue  to 


TEXAS.  503 

perform  the  duties  of  their  offices  until  their  successors  shall  be  duly  qualified. 

24.  Every  law  enacted  by  the  Legislature  shall  embrace  but  one  object,  and 
that  shall  be  expressed  in  the  title. 

25.  No  law  shall  be  revised  or  amended  by  reference  to  its  title  ;  but,  in  such 
case,  the  act  revised  or  section  amended,  shall  be  re-enacted  and  published  at 
length. 

26.  No  person  shall  hold  or  exercise,  at  the  same  time,  more  than  one  civil 
office  of  emolument,  except  that  of  justice  of  the  peace. 

27.  Taxation  shall  be  equal  and  uniform  throughout  the  State.  All  property 
in  this  State  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained  as  di- 
rected by  law ;  except  such  property  as  two-thirds  of  both  houses  of  the  Legis- 
lature may  think  proper  to  exempt  from  taxation.  The  Legislature  shall  have 
power  to  lay  an  income  tax,  and  to  tax  all  persons  pursuing  any  occupation, 
trade,  or  profession :  provided,  that  the  term  "  occupation,"  shall  not  be  con- 
strued to  apply  to  pursuits  either  agricultural  or  mechanical. 

28.  The  Legislature  shall  have  power  to  provide  by  law  for  exempting  from 
taxation  two  hundred  and  fifty  dollars'  worth  of  the  household  furniture,  or 
other  property  belonging  to  each  family  in  this  State. 

29.  The  assessor  and  collector  of  taxes  shall  be  appointed  in  such  manner, 
and  under  such  regulations,  as  the  Legislature  may  direct. 

30.  No  corporate  body  shall  hereafter  be  created,  renewed,  or  extended,  with 
banking  or  discounting  privileges. 

3L  No  private  corporation  shall  be  created,  unless  the  bill  creating  it  shall 
be  passed  by  two-thirds  of  both  houses  of  the  Legislature ;  and  two-thirds  of 
the  Legislature  shall  have  power  to  revoke  and  repeal  all  private  corporations, 
by  making  compensation  for  the  franchise.  And  the  State  shall  not  be  part 
owner  of  the  stock  or  property  belonging  to  any  corporation. 

32.  The  Legislature  shall  prohibit,  by  law,  individuals  from  issuing  bills, 
checks,  promissory  notes,  or  other  paper,  to  circulate  as  money. 

33.  The  aggregate  amount  of  debts  hereafter  contracted  by  the  Legislature 
shall  never  exceed  the  sum  of  one  hundred  thousand  dollars,  except  in  case  of 
war,  to  repel  invasions,  or  suppress  insurrections.  And  in  no  case  shall  any 
amount  be  borrowed,  except  by  a  vote  of  two-thirSs  of  both  houses  of  the  Le- 
gislature. 

34.  The  Legislature  shall,  at  the  first  session  thereof,  and  may,  at  any  sulv 
sequent  session,  establish  new  counties  for  the  convenience  of  the  inhabitants 
of  such  new  county  or  counties :  provided,  that  no  new  county  shall  be  estab- 
lished, which  shall  reduce  the  county  or  counties,  or  either  of  them,  from  which 
it  shall  be  taken,  to  a  less  area  than  nine  hundred  square  miles  (except  the 
county  of  Bowie),  unless  by  consent  of  two-thirds  of  the  Legislature ;  nor  shall 
any  county  be  laid  off  of  less  contents.  Every  new  county,  as  to  the  right  of 
suffrage  and  representation,  shall  be  considered  as  part  of  the  county  or  coun- 
ties from  which  it  was  taken,  until  entitled,  by  numbers,  to  the  right  of  sepa- 
rate representation. 

35.  No  soldier  shall,  in  time  of  peace,  be  quartered  ii^  the  house,  or  within 
the  enclosure,  of  any  individual,  without  the  consent  of  the  owner,  nor  in  time 
of  war,  but  in  a  manner  prescribed  by  law. 

36.  The  salaries  of  the  Governor  and  judges  of  the  Supreme  and  district 
courts  are  hereby  fixed  at  the  minimum  established  in  the  Constitution,  and 
shall  not  be  increased  for  ten  years. 

37.  Mode  of  amending  the  Constitution. — The  Legislature,  whenever  two- 
thirds  of  each  house  shall  deem  it  necessary,  may  propose  amendments  to  this 
Constitution ;  which  proposed  amendments  shall  be  duly  published  in  the  pub- 
lic prints  of  the  State,  at  least  three  months  before  the  next  general  election  of 
representatives,  for  the  consideration  of  the  people :  and  it  shall  be  the  duty  of 
the  several  returning  officers,  at  the  next  election,  which  shall  be  thus  holden, 
to  open  a  poll  for,  and  make  a  return  to,  the  Secretary  of  State,  of  the  names 
of  all  those  voting  for  representatives,  who  have  voted  on  such  proposed  amend- 
ments ;  and  if  thereupon  it  shall  appear  that  a  majority  of  all  the  citizens  of 
this  State,  voting  for  representatives,  have  voted  in  favor  of  such  proposed 


504  CONSTITUTION    OF 


amendments,  and  two-thirds  of  each  house  of  the  next  Legislature  shall,  after 
such  election,  and  before  another,  ratify  the  same  amendments  by  yeas  and 
nays,  they  shall  be  valid,  to  all  intents  and  purposes,  as  parts  of  this  Constitu- 
tion :  provided^  that  the  said  proposed  amendments  shall,  at  each  of  the  said 
sessions,  have  been  read  on  three  several  days  in  each  house. 

ARTICLE  Yin.— Slaves. 
Sec.  1.  The  Legislature  shall  have  no  power  to  pass  laws  for  the  emancipa- 
tion of  slaves,  without  the  consent  of  their  owners,  nor  without  paying  their 
owners,  previous  to  such  emancipation,  a  full  equivalent  in  money  for  the 
slaves  so  emancipated.  They  shall  have  no  power  to  prevent  emigrants  to  this 
State  from  bringing  with  them  such  persons  as  are  deemed  slaves  by  the  laws 
of  any  of  the  United  States,  so  long  as  any  person  of  the  same  age  or  descrip- 
tion shall  be  continued  in  slavery  by  the  laws  of  this  State :  provided,  that  such 
slave  be  the  bona  fide  property  of  such  emigrants :  provided,  also,  that  laws  shall 
be  passed  to  inhibit  the  introduction  into  this  State  of  slaves  who  have  commit- 
ted high  crimes  in  other  States  or  Territories.  They  shall  have  the  right  to 
pass  laws  to  permit  the  owners  of  slaves  to  emancipate  them,  saving  the  rights 
of  creditors,  and  preventing  them  from  becoming  a  public  charge.  They  shall 
have  full  power  to  pass  laws  which  will  oblige  the  owners  of  slaves  to  treat 
them  with  humanity ;  to  provide  for  them  necessary  food  and  clothing ;  to  ab- 
stain from  all  injuries  to  them  extending  to  life  or  limb ;  and,  in  case  of  their 
neglect  or  refusal  to  comply  with  the  directions  of  such  laws,  to  have  such  slave 
or  slaves  taken  from  such  owner,  and  sold  for  the  benefit  of  such  owner  or 
owners.  They  may  pass  laws  to  prevent  slaves  from  being  brought  into  this 
State  as  merchandize  only. 

2.  In  the  prosecution  of  slaves  for  crimes  of  a  higher  grade  than  petit  lar- 
ceny, the  Legislature  shall  have  no  power  to  deprive  them  of  an  impartial  trial 
by  a  petit  jury. 

3.  Any  person  who  shall  maliciously  dismember,  or  deprive  a  slave  of  life, 
shall  suffer  such  punishment  as  would  be  inflicted  in  case  the  like  offence  had 
been  committed  upon  a  free  white  person,  and  on  like  proof,  except  in  case  of 
insurrection  of  such  slave. 

ARTICLE  IK.— Impeachment. 
Sec.  1..  The  power  of  impeachment  shall  be  vested  in  the  House  of  Repre- 
sentatives. 

2.  Impeachments  of  the  Governor,  Lieutenant-governor,  attorney-general, 
secretary  of  State,  treasurer,  comptroller,  and  of  the  judges  of  the  district 
courts,  shall  be  tried  by  the  Senate. 

3.  Impeachments  of  judges  of  the  Supreme  Court  shall  be  tried  by  the  Sen- 
ate. When  sitting  as  a  court  of  impeachment,  the  senators  shall  be  upon  oath 
or  affirmation  ;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  senators  present. 

4.  Judgment  in  cases  of  impeachment  shall  extend  only  to  removal  from  of- 
fice, and  disqualification  from  holding  any  office  of  honor,  trust  or  profit,  under 
this  State  ;  but  the  parties  convicted  shall,  nevertheless,  be  subject  to  indict- 
ment, trial,  and  punishment,  according  to  law. 

5.  All  officers  against  whom  articles  of  impeachment  may  be  preferred,  shall 
be  suspended  from  the  exercise  of  the  duties  of  their  office  during  the  pendency 
of  such  impeachment ;  the  appointing  power  may  make  a  provisional  appoint- 
ment, to  fill  the  vacancy  occasioned  by  the  suspension  of  an  officer,  until  the 
decision  on  the  impeachment. 

6.  The  Legislature  shall  provide  for  the  trial,  punishment,  and  removal  from 
office,  of  all  other  officers  of  the  State,  by  indictment,  or  otherwise. 

ARTICLE  y;..-— Education. 
Sec.  1.  A  general  diffusion  of  knowledge  being  essential  to  the  preservation 
of  the  rights  and  liberties  of  the  people,  it  shall  be  the  duty  of  the  Legislature 
of  this  State  to  make  suitable  provision  for  the  support  and  maintenance  of 
public  schools. 


TEXAS.  505 


2.  The  Legislature  shall,  as  early  as  practicable,  establish  free  schools 
throughout  the  State,  and  shall  furnish  means  for  their  support,  by  taxation  on 
property ;  and  it  shall  be  the  duty  of  the  Legislature  to  set  apart  not  less  than 
one-tenth  of  the  annual  revenue  of  the  State  derivable  from  taxation,  as  a  per- 
petual fund,  which  fund  shall  be  appropriated  to  the  support  of  free  public 
schools ;  and  no  law  shall  ever  be  made  diverting  said  fund  to  any  other  use ; 
and  until  such  time  as  the  Legislature  shall  provide  for  the  establishment  of 
such  schools  in  the  several  districts  of  the  State,  the  fund  thus  created  shall  re- 
main as  a  charge  against  the  State,  passed  to  the  credit  of  the  free  common- 
school  fund. 

3.  All  public  lands  which  have  been  heretofore,  or  which  may  hereafter  be, 
granted  for  public  schools,  to  the  various  counties,  or  other  political  divisions 
in  this  State,  shall  not  be  alienated  in  fee,  nor  disposed  of  otherwise  than  by 
lease,  for  a  term  not  exceeding  twenty  years,  in  such  manner  as  the  Legislature 
may  direct. 

4.  The  several  counties  in  this  State,  which  have  not  received  their  quan- 
tum of  lands,  for  the  purposes  of  education,  shall  be  entitled  to  the  same  quan- 
tity heretofore  appropriated  by  the  Congress  of  the  republic  of  Texas  to  other 
counties. 

ARTICLE  XL 

1.  All  certificates  for  head-right  claims  to  lands  issued  to  fictitious  persons, 
or  which  were  forged,  and  all  locations  and  surveys  thereon,  are,  and  the  same 
were,  null  and  void  from  the  beginning. 

2.  The  district  courts  shall  be  opened  until  the  first  day  of  July,  one  thou- 
sand eight  hundred  and  forty-seven,  for  the  establishment  of  certificates  for 
head-rights  not  recommended  by  the  commissioners  Appointed  under  the  act  to 
detect  fraudulent  land  certificates,  and  to  provide  for  issuing  patents  to  legal 
claimants;  and  the  parties  suing  shall  produce  the  like  proof,  and  be  subjected 
to  the  requisitions  which  were  necessary  and  were  prescribed  by  law,  to  sus- 
tain the  original  application  for  the  said  certificates ;  and  all  certificates  above 
referred  to,  not  established  or  sued  upon  before  the  period  limited,  shall  be  bar- 
re'd ;  and  the  said  certificates,  and  all  locations  and  surveys  thereon,  shall  be 
forever  null  and  void ;  and  all  re-locations  made  on  such  survey,  shall  not  be 
disturbed  imtil  the  certificates  are  established  as  above  directed. 

ARTICLE  XIL— Land  Office. 

There  shall  be  one  general  land  office  in  the  State,  which  shall  be  at  the  seal 
of  government,  where  all  titles  which  have  heretofore  emanated,  or  may  here- 
after emanate,  from  government,  shall  be  registered.  And  the  Legislature 
may  establish,  from  time  to  time,  such  subordinate  offices  as  they  may  deem 
requisite. 


IOWA. 


The  attention  of  emigrants  has  been  turned,  with  peculiar  interest,  towards  this 
new  State.  It  is  now  settling  more  rapidly  than  any  other  portion  of  the  great 
West.  Iowa  formed  the  territorial  government  in  1838.  In  1844  it  adopted  a  Consti- 
tution, and  asked  to  be  admitted  into  the  union  as  an  independent  State.  A  law 
was  passed  by  Congress  for  that  purpose  in  1845,  which  altered  the  bounds  fi.xed  in 
the  Constitution,  It  was  rejected,  because  it  diminished  its  territory.  In  1846 
terms  were  agreed  upon,  and  Iowa  became  the  29th  State  in  the  union. 

Area,  150,000  sq.  m.    Pop.  in  1850,  192,214. 


CONSTITUTION. 


ARTICLE  I. — Preamble  and  Boundaries. 

We,  the  people  of  the  territory  of  Iowa,  grateful  to  the  Supreme  Being  for 
the  blessings  hitherto  enjoyed,  and  feeling  our  dependence  on  Him  for  a  con- 
tinuation of  these  blessings,  do  ordain  and  establish  a  free  and  independent 
government,  by  the  name  of  the  State  of  Iowa,  the  boundari^  whereof  shall  be 
as  follows : 

Beginning  in  the  middle  of  the  main  channel  of  the  Mississippi  river,  at  a 
point  due  east  of  the  middle  of  the  mouth  of  the  main  channel  of  the  Des 
Moines  river,  thence  up  the  middle  of  the  main  channel  of  the  said  Des  Moines 
river,  to  a  point  on  said  river  where  the  northern  boundary  line  of  the  State  of 
Missouri,  as  established  by  the  Constitution  of  that  State,  adopted  June  12th, 


IOWA.  507 


1820,  crosses  the  said  middle  of  the  main  channel  of  the  said  Des  Moines  river , 
thence  westwardly,  along  the  said  northern  boimdary  line  of  the  State  of  Mis- 
souri, as  established  at  the  time  aforesaid,  until  an  extension  of  said  line  in- 
tersect the  middle  of  the  main  channel  of  the  Missouri  river ;  thence  up  the 
middle  of  the  main  channel  of  the  said  Mis^ouri  river,  to  a  point  opposite  the 
middle  of  the  main  channel  of  the  Big  Sioux  river,  according  to  Nicollet's 
map ;  thence  up  the  main  channel  of  the  said  Big  Sioux  river,  according  to  said 
map,  until  it  is  intersected  by  the  parallel  of  forty-three  degrees  and  thirty 
minutes  north  latitude ;  thence  east,  along  said  parallel  of  forty-three  degrees 
and  thirty  minutes,  until  said  parallel  intersect  the  middle  of  the  main  channel 
of  the  Mississippi  river ;  thence  down  the  middle  of  the  main  channel  of  said 
Mississippi  river,  to  the  place  of  beginning. 

ARTICLE  II.— Bill  of  Rights. 

Sec.  1.  All  men  ai*e  by  nature  free  and  independent,  and  have  certain  in- 
alienable rights,  among  which  are  those  of  enjoying  and  defending  life  and 
liberty,  acquiring,  possessing,  and  protecting  property,  and  pursuing  and  ob- 
taining safety  and  happiness. 

2.  All  political  power  is  inherent  in  the  people.  Government  is  instituted 
for  the  protection,  security,  and  benefit  of  the  people ;  and  they  have  the  right, 
at  all  times,  to  alter  or  reform  the  same,  whenever  the  public  good  may  re- 
quire it. 

3.  The  General  Assembly  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof,  nor  shall  any  person  be 
compelled  to  attend, any  place  of  worship,  pay  tithes,  taxes,  or  other  rates  for 
building  or  repairing  places  of  worship,  or  for  the  maintenance  of  any  minis- 
ter or  ministry. 

4.  No  religious  test  shall  be  required  as  a  qualification  for  any  oflice  or  pub- 
lic trust,  and  no  person  shall  be  deprived  of  any  of  his  rights,  privileges  or  ca- 

Sacities,  or  disqualified  from  the  performance  of  any  of  his  public  or  private 
uties,  or  rendered  incompetent  to  give  evidence  in  any  court  of  law  or  equity, 
in  consequence  of  his  opinions  on  the  subject  of  religion. 

5.  Any  citizen  of  this  State  who  may  hereafter  be  engaged,  either  directly  or 
indirectly,  in  a  duel,  either  as  principal  or  accessary  before  the  fact,  shall  for- 
ever be  disqualified  from  holding  any  oflice  under  the  Constitution  and  laws  of 
this  State. 

6.  All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

7.  Every  person  may  speak,  write,  and  publish  his  sentiments  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that  right.  No  law  shall  be  passed  to 
restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  prosecutions  or 
indictments  for  libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it 
appear  to  the  jury  that  the  matter  charged  as  libellous  was  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted. 

8.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers  and 
efiects,  against  unreasonable  seizures  and  searches,  shall  not  be  violated,  and 
no  warrant  shall  issue,  but  on  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  to  be  searched,  and  the  papers  and  things  to 
be  seized. 

9.  The  right  of  trial  by  jury  shall  remain  inviolate ;  but  the  General  Assem- 
bly may  authorize  trial  by  jury  of  a  less  number  than  twelve  men  in  inferior 
courts. 

10.  In  all  criminal  prosecutions  the  accused  shall  have  a  right  to  a  speedy 
trial  by  an  impartial  jury,  to  be  informed  of  the  accusation  against  him,  to  be 
conlronted  with  the  witnesses  against  him,  to  have  compulsory  process  for  his 
own  witnesses,  and  to  have  the  assistance  of  counsel. 

11.  No  person  shall  be  held  to  answer  for  a  criminal  offence,  unless  on  present- 
ment or  indictment  by  a  grand  jury,  except  in  cases  cognizable  by  justices  of 
the  peace,  or  arising  in  the  army  or  navy,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public  d.anger. 

12.  No  person  shall,  after  acquittal,  be  tried  for  the  .same  offence.    All  per- 

38 


dQ§  CONSTITUTION    OF 


sons  shall,  before  conviction,  be  bailable  by  sufficient  sureties,  except  for  capi- 
tal offences,  where  the  proof  is  evident  or  the  presumption  great. 

13.  The  writ  of  habeas  corpus  shall  not  be  suspended,  unless  iu  case  of  re- 
bellion or  invasion,  the  public  safety  require  it. 

14.  The  military  shall  be  subordinate  to  the  civil  power.  No  standing  army 
shall  be  kept  up  by  the  State  in  time  of  peace,  and  in  time  of  war  no  appropri- 
ation for  a  standing  army  shall  be  for  a  longer  time  than  two  years. 

15.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of  war,  except  in  the  manner  prescribed 
by  law. 

16.  Treason  against  the  State  shall  consist  only  in  levying  war  against  it, 
adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  evidence  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court. 

17.  Excessive  bail  shall  not  be  required.  Excessive  fines  shall  not  be  im- 
posed ;  and  cruel  and  unusual  punishments  shall  not  be  inflicted. 

18.  Private  property  shall  not  be  taken  for  public  use  without  just  compen- 
sation. 

19.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action  on  mesne  or 
final  process,  unless  in  cases  of  fraud ;  and  no  person  shall  be  imprisoned  for 
a  militia  fine  in  time  of  peace. 

20.  The  people  have  the  right  freely  to  assemble  together  to  consult  for  the 
common  good,  to  make  known  their  opinions  to  their  representatives,  and  to 
petition  for  redress  of  grievances, 

21.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts,  shall  ever  be  passed. 

22.  Foreigners  who  are,  or  who  may  hereafter  become,  residents  of  this 
State,  shall  enjoy  the  same  rights,  in  respect  to  the  possession,  enjoyment,  and 
descent  of  property,  as  native-born  citizens. 

23.  Neither  slavery  nor  involuntary  servitude,  unless  for  the  punishment  of 
crimes,  shall  ever  be  tolerated  in  this  State. 

24.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or  deny 
others,  retained  by  the  people. 

ARTICLE  III.— Right  of  Suffrage. 

Sec.  1.  Every  white  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  shall  have  been  a  resident  of  the  State  six  months  next  preced- 
ing the  election,  and  the  county  in  which  he  claims  his  vote  twenty  days,  shall 
be  entitled  to  vote  at  all  elections  which  are  now  or  hereafter  may  be  author- 
ized by  law. 

2.  Electors  shall,  in  all  cases  except  treason,  felony  or  breach  of  the  peace, 
be  privileged  from  arrest  on  the  days  of  election,  during  their  attendance  at 
such  election,  going  to  and  returning  therefrom.  ** 

3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the  day  of  elec- 
tion, except  in  time  of  war  or  public  danger. 

4.  No  person  in  the  military,  naval,  or  marine  service  of  the  United  States, 
shall  be  considered  a  resident  of  this  State  by  being  stationed  in  any  garrison, 
barrack,  or  military  or  naval  place,  or  station  within  this  State, 

.  5.  No  idiot  or  insane  person,  or  persons  convicted  of  any  infamous  crime, 
shall  be  entitled  to  the  privileges  of  an  elector. 
6.  All  elections  by  the  people  shall  be  by  ballot. 

ARTICLE  IV.— O/  the  Distribution  of  Powers. 

The  powers  of  the  government  of  Iowa  shall  be  divided  into  threie  sepa- 
rate departments;  the  Legislative,  the  executive,  and  judicial;  and  no  person 
charged  with  the  exercise  of  powers  properly  belonging  to  one  of  these  depart- 
ments, shall  exercise  any  function  appertaining  to  either  of  the  others,  except 
in  the  cases  hereinafter  expressly  directed  or  permitted. 


IOWA.  509 


Legislative  Department 

Sec.  1.  The  legislative  authority  of  this  State  shall  be  vested  in  a  Senate 
and  House  of  Representatives,  which  shall  be  designated  the  General  Assem- 
bly of  the  State  of  Iowa,  and  the  style  of  their  laws  shall  commence  in  the  fol- 
lowing manner :  "Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Iowa." 

2.  The  sessions  of  the  General  Assembly  shall  be  biennial,  and  shall  com- 
mence on  the  first  Monday  of  December  next  ensuing  the  election  of  its  mem- 
bers; unless  the  Governor  of  the  State  shall,  in  the  interim,  convene  the  Gen- 
eral Assembly  by  proclamation. 

3.  The  members  of  the  House  of  Representatives  shall  be  chosen  every  se- 
cond year,  by  the  qualified  electors  of  their  respective  districts,  on  the  first 
Monday  in  August,  whose  term  of  office  shall  continue  two  years  from  the  day 
of  the  general  election. 

4.  No  person  shall  be  a  member  of  the  House  of  Representatives  who  shall 
not  have  attained  the  age  of  twenty-one  years ;  be  a  free  white  male  citizen  of 
the  United  States,  and  have  been  an  inhabitant  of  this  State  or  territory  one  year 
next  preceding  his  election;  and  at  the  time  of  his  election,  have  an  actual 
residence  of  thirty  days  in  the  county  or  district  he  may  be  chosen  to  represent. 

5.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same  time  and 
place  as  representatives ;  they  shall  be  twenty-five  years  of  age,  and  possess  the 
qualifications  of  representatives  as  to  residence  and  citizenship. 

6.  The  number  of  senators  shall  not  be  less  than  one-third  nor  more  than 
one-half  the  representative  body,  and  at  the  first  session  of  the  General  Assem- 
bly after  this  Constitution  takes  effect,  the  senators  shall  be  divided  by  lot,  as 
equally  as  may  be,  into  two  classes ;  the  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year,  so  that  one-half  shall  be 
chosen  every  two  years. 

7.  When  the  number  of  senators  is  increased,  they  shall  be  annexed  by  lot 
to  one  of  the  two  classes,  so  as  to  keep  them  as  nearly  equal  in  number  as 
practicable. 

8.  Each  house  shall  choose  its  own  officers  and  judge  of  the  qualification, 
election,  and  return  of  its  own  members.  A  contested  election  shall  be  deter- 
mined in  such  manner  as  shall  be  directed  by  law. 

9.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

10.  Each  house  shall  sit  upon  its  own  adjournments,  keep  a  journal  of  its 
proceedings,  and  publish  the  same ;  determine  its  rules  of  proceedings,  punish 
members  for  disorderly  behavior,  and  with  the  consent  of  two-thirds,  expel  a 
member,  but  not  a  second  time  for  the  same  offence,  and  shall  have  all  other 
powers  necessary  for  a  branch  of  the  General  Assembly  of  a  free  and  inde- 
pendent State. 

11.  Every  member  of  the  General  Assembly  shall  have  the  liberty  to  dissent 
from  or  protest  against  any  act  or  resolution  which  he  may  think  injurious  to 
the  public  or  an  individual,  and  have  the  reasons  for  his  dissent  entered  on  the 
journals;  and  the  yeas  and  nays  of  the  members  of  either  house,  on  any 
question,  shall,  at  the  desire  of  any  two  members  present,  be  entered  on  the 
journals. 

12.  Senators  and  representatives  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  shall  be  privileged  from  arrest  during  the  session  of  the  General 
Assembly,  and  in  going  to  and  returning  from  the  same, 

13.  When  vacancies  occur  in  either  house,  the  Governor  or  the  person  exercis- 
ing the  functions  of  the  Governor,  shall  issue  writs  of  election  to  fill  such  va- 
cancies. 

14.  The  doors  of  each  house  shall  be  open,  except  on  such  occasions  as,  in 
the  opinion  of  the  house,  may  require  secrecy. 


510  CONSTITUTION    OF 


15.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which  they  maybe  sitting. 

16.  Bills  may  originate  in  either  house,  except  bills  for  revenue,  which  shall 
always  originate  in  the  House  of  Representatives,  and  may  be  amended,  al- 
^.ered,  or  rejected  by  the  other ;  and  every  bill  having  passed,  both  houses,  shall 
be  signed  by  the  iSpeaker  and  President  of  their  respective  houses. 

17.  Every  bill  which  shall  have  passed  the  General  Assembly  shall,  before 
it  become  a  law,  be  presented  to  the  Governor.  If  he  approve,  he  shall  sign  it, 
but  if  not,  he  shall  return  it  with  his  objections,  to  the  house  in  which  it  origi- 
nated, which  shall  enter  the  same  upon  the  journal  and  proceed  to  reconsider 
it;  if,  after  such  reconsideration,  it  again  pass  both  houses,  by  yeas  and  nays, 
by  a  majority  of  two-thirds  of  the  members  of  each  house  present,  it  shall  be- 
come a  law  notwithstanding  the  Governor's  objections.  If  any  bill  shall  not 
be  returned  within  three  days  after  it  shall  have  been  presented  to  him,  Sun- 
day excepted,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
imless  the  General  Assembly  by  adjournment  prevent  such  return. 

18.  An  accurate  statement  of  the  receipts  and  expenditures  of  the  public 
money  shall  be  attached  to  and  published  with  the  laws,  at  every  regular  ses- 
sion of  the  General  Assembly. 

19.  The  House  of  Representatives  shall  have  the  sole  power  of  impeach- 
ment, and  all  impeachments  shall  be  tried  by  the  Senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or  affirmation  ;  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
present. 

20.  The  Governor,  Secretary  of  State,  auditor,  treasurer,  and  judges  of  the 
Supreme  and  district  courts,  shall  be  liable  to  impeachments  for  any  misde- 
meanor in  office ;  but  judgment  in  such  cases  shall  extend  only  to  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor,  trust  or  profit 
under  this  State ;  but  the  party  convicted  or  acquitted  shall  nevertheless  be 
liable  to  indictment,  trial,  and  punishment,  according  to  law.  All  other  civil 
officers  shall  be  tried  for  misdemeanors  in  office  in  such  manner  as  the  General 
Assembly  may  provide. 

21.  No  senator  or  representative  shall,  during  the  time  for  which  he  shall 
have  been  elected,  be  appointed  to  any  civil  office  of  profit  under  this  State, 
which  shall  have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  such  term,  except  such  offices  as  may  be  filled  by  elections 
by  the  people. 

22.  No  person  holding  any  lucrative  office  under  the  United  States,  or  this 
State,  or  any  other  power,  shall  be  eligible  to  the  General  Assembly,  Provi- 
ded, That  officers  in  the  militia,  to  which  there  is  attached  no  annual  salary, 
or  the  office  of  justice  of  the  peace,  or  postmasters  whose  compensation  does 
not  exceed  one  hundred  dollars  per  annum,  shall  not  be  deemed  lucrative. 

23.  No  person  who  may  hereafter  be  a  collector  or  holder  of  public  monies, 
shall  have  a  seat  in  either  house  of  the  General  Assembly,  or  be  eligible  to 
any  office  of  trust  or  profit  under  this  State,  until  he  shall  have  accounted  for 
and  paid  into  the  treasury,  all  sums  for  which  he  may  be  liable. 

24.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  appro- 
priations made  by  law. 

25.  Each  member  of  the  General  Assembly  shall  receive  a  compensation  to 
be  fixed  by  law,  for  his  services,  to  be  paid  out  of  the  treasury  of  the  State. 
Such  compensation  shall  not  exceed  two  dollars  per  day  for  the  period  of  fifty 
d^s  from  the  commencement  of  the  session,  and  shall  not  exceed  the  sum  of 
one  dollar  per  day  for  the  remainder  of  the  session :  when  convened  in  extra 
session  by  the  Governor,  they  shall  receive  such  sum  as  shall  be  fixed  for  the 
first  fifty  days  of  the  ordinary  session.  They  shall  also  receive  two  dollars  for 
every  twenty  miles  they  shall  travel,  in  going  to  and  returning  from  their 
place  of  meeting,  on  the  most  usual  route :  provided,  however,  that  the  members 
of  the  first  General  Assembly  under  this  Constitution  shall  receive  two  dollars 
per  day  for  their  services  during  the  entire  session. 


IOWA.  511 


26.  Every  law  shall  embrace  but  one  object,  which  shall  be  expressed  in  this 
title. 

27.  No  law  of  the  General  Assembly,  of  a  public  nature,  shall  take  effect 
until  the  same  shall  be  published  and  circulated  in  the  several  counties  of  this 
State,  by  authority.  If  the  General  Assembly  shall  deem  any  law  of  imme- 
diate importance,  they  may  provide  that  the  same  shall  take  effect  by  publica- 
tion in  newspapers  in  the  State. 

28.  No  divorce  shall  be  granted  by  the  General  Assembly. 

29.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the  sale  of  lottery 
tickets  be  allowed. 

30.  Members  of  the  General  Assembly  shall,  before  they  enter  upon  the  du- 
ties of  their  respective  offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion :  I  do  solemnly  swear  or  affirm  (as  the  case  may  be),  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of 
Iowa,  and  that  I  will  faithfully  discharge  the  duties  of  senator  (or  representa- 
tive as  the  case  may  be),  according  to  the  best  of  my  ability.  And  members 
of  the  General  Assembly  are  hereby  empowered  to  administer  to  each  other 
the  said  oath  or  affirmation. 

31.  Within  one  year  after  the  ratification  of  this  Constitution,  and  within 
every  subsequent  term  of  two  years,  for  the  term  of  eight  years,  an  enumera- 
tion of  all  the  white  inhabitants  of  this  State  shall  be  made,  in  such  manner 
as  shall  be  directed  by  law.  .  The  number  of  senators  and  representatives  shall, 
at  their  first  regular  session  of  the  General  Assembly  after  such  enumeration, 
be  fixed  by  law,  and  apportioned  among  the  several  counties  according  to  the 
number  of  white  inhabitants  in  each  ;  and  shall  also,  at  every  subsequent  regu- 
lar session,  apportion  the  House  of  Representatives,  and  every  other  regular 
session  the  Senate,  for  eight  years ;  and  the  House  of  Reprepentatives  shall 
never  be  less  than  twenty-six,  nor  greater  than  thirty-nine,  until  the  number  of 
white  inhabitants  shall  be  one  hundred  and  seventy-five  thousand ;  and  after 
that  event,  at  such  ratio  that  the  whole  number  of  representatives  shall  never 
be  less  than  thirty-nine  nor  exceeding  seventy-two. 

32.  When  a  congressional,  senatorial,  or  representative  district  shall  be  com- 
posed of  two  or  more  counties,  it  shall  not  be  entirely  separated  by  any  county 
belonging  to  another  district ;  and  no  county  shall  be  divided  in  forming  a  con- 
gressional, senatorial,  or  representative  district. 

33.  In  all  elections  by  the  General  Assembly,  the  members  thereof  shall  vote 
viva  voce,  and  the  votes  shall  be  entered  on  the  journal. 

34.  For  the  first  ten  years  after  the  organization  of  the  government,  the  an- 
nual salary  of  the  Governor  shall  not  exceed  one  thousand  dollars ;  Secretar)^ 
of  State,  five  hundred  dollars ;  treasurer,  four  hundred  dollars ;  auditor,  six 
hundred  dollars ;  judges  of  the  Supreme  and  district  courts,  each  one  thou- 
sand dollars. 

ARTICLE  V. — Executive  Department. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  Governor  of  the  State  of  Iowa. 

2.  The  Governor  shall  be  elected  by  the  qualified  electors  at  the  time  and  place 
of  voting  for  members  of  the  General  Assembly,  and  shall  hold  his  office  four 
years  from  the  time  of  his  installation,  and  until  his  successor  shall  be  quali- 
fied. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor,  who  has  not  been  a 
citizen  of  the  United  States,  and  a  resident  of  the  State  two  years  next  preced- 
ing the  election,  and  attained  the  age  of  thirty  years  at  the  time  of  said  elec- 
tion. 

4.  The  returns  of  every  election  for  Governor  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government,  directed  to  the  Speaker  of  the  House  of 
Representatives,  who  shall,  during  the  first  week  of  the  session,  open  and  pub- 
lish them  in  presence  of  both  houses  of  the  General  Assembly.  The  person 
having  the  highest  number  of  votes  shall  be  Governor ;  but  in  case  any  two 


512  CONSTITUTION    OF 


or  more  have  an  equal  and  the  highest  number  of  votes,  the  General  Assem- 
bly shall,  by  joint  ballot,  choose  one  of  said  persons  so  having  an  equal  and 
the  highest  number  of  votes,  for  Governor. 

5.  The  Governor  shall  be  commander-in-chief  of  the  militia,  the  army,  and 
navy  of  this  State. 

6.  He  shall  transact  all  executive  business  with  the  officers  of  government, 
civil  and  military,  and  may  require  information  in  writing  from  the  officers 
of  the  executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices. 

7.  He  shall  see  that  the  laws  are  faithfully  executed. 

8.  When  any  office  shall  from  any  cause  become  vacant,  and  no  mode  is 
provided  by  the  Constitution  and  laws  for  filling  such  vacancy,  the  Governor 
shall  have  power  to  fill  such  vacancy,  by  granting  a  commission,  which  shall 
expire  at  the  end  of  the  next  session  of  the  General  Assembly,  or  at  the  next 
election  by  the  people. 

9.  He  may,  on  extraordinary  occasions,  convene  the  General  Assembly  by 
proclamation,  and  shall  state  to  both  houses,  when  assembled,  the  purpose  for 
which  they  shall  have  been  convened. 

10.  He  shall  communicate  by  message  to  the  General  Assembly,  at  every 
session,  the  condition  of  the  State,  and  recommend  such  matters  as  he  shall 
deem  expedient. 

11.  In  case  of  disagreement  between  the  two  houses,  with  respect  to  the 
time  of  adjournment,  the  Governor  shall  have  power  to  adjourn  the  General 
Assembly  to  such  time  as  he  may  think  proper,  provided  it  be  not  beyond  the 
time  fixed  for  the  meeting  of  the  next  General  Assembly. 

12.  No  person  shall,  while  holding  any  other  office  under  the  United  States, 
or  this  State,  execute  the  office  of  Governor,  except  as  hereinafter  expressly 
provided. 

13.  The  Governor  shall  have  power  to  grant  reprieves  and  pardons,  and 
commute  punishments  after  conviction,  except  in  cases  of  impeachment. 

14.  The  Governor  shall,  at  stated  times,  receive  for  his  services  a  compensa- 
tion which  shall  neither  be  increased  nor  diminished  during  the  time  for  which 
he  shall  have  been  elected. 

15.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the  Governor, 
and  used  by  him  officially,  and  shall  be  called  the  Great  Seal  of  the  State  of 
Iowa. 

16.  All  grants  and  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  people  of  the  State  of  Iowa,  sealed  with  the  great  seal  of  this  State, 
signed  by  the  Governor,  and  countersigned  by  the  Secretary  of  State. 

17.  A  Secretary  of  State,  auditor  of  public  accounts,  and  treasurer,  shall  be 
elected  by  the  qualified  electors,  who  shall  continue  in  office  two  years.  The 
Secretary  of  State  shall  keep  a  fair  register  of  all  the  official  acts  of  the  Gov- 
ernor, and  shall,  when  required,  lay  the  same,  together  with  all  papers,  min- 
utes, and  vouchers  relative  thereto,  before  either  branch  of  the  General  Assem- 
bly, and  shall  perform  such  other  duties  as  shall  be  assigned  him  b^  law. 

18.  In  case  of  the  impeachment  of  the  Governor,  his  removal  from  office, 
death,  resignation,  or  absence  Irom  the  State,  the  powers  and  duties  of  the  of- 
fice shall  devolve  upon  the  Secretary  of  State,  until  such  disability  shall  cease, 
or  the  vacancy  be  filled. 

19.  If,  during  the  vacancy  of  the  office  of  Governor,  the  Secretary  of  State 
shall  be  impeached,  displaced,  resign,  die,  or  be  absent  from  the  State,  the 
powers  and  duties  of  the  office  of  Governor  shall  devolve  upon  the  President 
of  the  Senate ;  and  should  a  vacancy  occur  by  impeachment,  death,  resig- 
nation, or  absence  from  the  State,  of  the  President  of  the  Senate,  the  Speaker 
of  the  House  of  Representatives  .shall  act  as  Governor  till  the  vacancy  be  filled. 

ARTICLE  Yl— Judicial  Department. 
Sec.  1.   The  judicial  power  shall  be  vested  in  a  Supreme  Court,  district 
courts,  and  such  inferior  courts  as  the  General  Assembly  may  from  time  to 
time  establish. 


IOWA.  513 


2.  The  Supreme  Court  shall  consist  of  a  Chief- Justice  and  two  associates, 
two  of  whom  shall  be  a  quorum  to  hold  Court, 

3.  The  judges  of  the  Supreme  Court  shall  be  elected  by  joint  vote  of  both 
branches  of  the  General  Assembly,  and  shall  hold  their  courts  at  such  time 
and  place  as  the  General  Assembly  may  direct,  and  hold  their  offices  for  six 
years,  and  until  their  successors  are  elected  and  qualified ;  and  shall  be  in- 
eligible to  any  other  office  during  the  term  for  which  they  may  be  elected. 
The  Supreme  Court  shall  have  appellate  jurisdiction  only  in  all  cases  in  chan- 
cery, and  shall  constitute  a  Court  for  the  correction  of  errors  at  law,  under 
such  restrictions  as  the  General  Assembly  may  by  law  prescribe.  The  Su- 
preme Court  shall  have  power  to  issue  all  writs  and  processes  necessary  to  do 
justice  to  parties,  and  exercise  a  supervisory  control  over  all  inferior  judicial 
tribunals,  and  the  judges  of  the  Supreme  Court  shall  be  conservators  of  the 
peace  throughout  the  State. 

4.  The  district  court  shall  consist  of  a  judge,  who  shall  be  elected  by  the  qual- 
ified voters  of  the  district  in  which  he  resides,  at  the  township  election,  and 
hold  his  office  for  the  term  of  five  years,  and  until  his  successor  is  duly  elected 
and  qualified,  and  shall  be  ineligibie  to  any  other  office  during  the  term  for 
which  he  may  be  elected.  The  district  court  shall  be  a  court  of  law  and  equi- 
ty, and  have  jurisdiction  in  all  civil  and  criminal  matters  arising  in  their  re- 
spective districts,  in  such  manner  as  shall  be  prescribed  by  law.  The  judges 
of  the  district  courts  shall  be  conservators  of  the  peace  in  their  respective  dis- 
tricts. The  first  session  of  the  General  Assembly  shall  divide  the  State  into 
four  districts,  which  may  be  increased  as  the  exigencies  require. 

5.  The  qualified  voters  of  each  county  shall,  at  the  general  election,  elect 
one  prosecuting  attorney  and  one  clerk  of  the  district  court,  who  shall  be  resi- 
dents therein,  and  who  shall  hold  their  several  offices  for  the  term  of  two  years, 
and  until  their  successors  are  elected  and  qualified. 

6.  The  style  of  all  processes  shall  be,  "  the  State  of  Iowa,"  and  all  prosecur 
tions  shall  be  conducted  in  the  name  and  by  the  authority  of  the  same. 

ARTICLE  YIL— Militia. 

Sec.  1.  The  militia  of  this  State  shall  be  composed  of  all  able-bodied  white 
male  citizens  between  the  ages  of  eighteen  and  forty-five  years,  except  such  as 
are  or  may  hereafter  be  exempt  by  the  laws  of  the  United  States  or  of  this 
State,  and  shall  be  armed,  equipped,  and  trained,  as  the  General  Assembly 
may  provide  by  law. 

2.  No  person  or  persons  conscientiously  scrupulous  of  bearing  arms,  shall  be 
compelled  to  do  militia  duty  in  time  of  peace :  Provided,  that  such  person  or 
persons  shall  pay  an  equivalent  for  such  exemption,  in  the  same  manner  as 
other  citizens. 

3,  All  commissioned  officers  of  the  militia  (staff-officers  excepted)  shall  be 
elected  by  the  persons  liable  to  perform  military  duty,  and  shall  be  commis- 
sioned by  the  Governor. 

ARTICLE  YIll— State  Debts. 
The  General  Assembly  shall  not  in  any  manner  create  any  debt  or  debts,  lia- 
bility or  liabilities,  which  shall  singly  or  in  the  aggregate,  with  any  previous 
debts  or  liabilities,  exceed  the  sum  of  one  hundred  thousand  dollars,  except  in 
case  of  war,  to  repel  invasion,  or  suppress  insurrection,  unless  the  same  shall 
be  authorized  by  some  law  for  some  single  object,  or  work  to  be  distinctly  spe- 
cified therein,  which  law  shall  provide  ways  and  means,  exclusive  of  loans, 
for  the  payment  of  the  interest  of  such  debt  or  liability  as  it  falls  due,  and  also 
to  pay  and  discharge  the  principal  of  such  de?it  or  liability  within  twenty  years 
from  the  time  of  the  contracting  thereof,  and  shall  be  irrepealable  until  the 
principal  and  interest  thereon  shall  be  paid  and  discharged;  but  no  such  law 
shall  take  effect  until  at  a  general  election  it  shall  have  been  submitted  to  the 
people,  and  have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election,  and  all  money  raised  by  authority  of  such  law,  shall  be  applied 
only  to  the  specific  object  therein  stated,  or  to  the  payment  of  the  debt  thereby 


514  CONSTITUTION    OP 


created,  and  such  law  shall  be  published  in  at  least  one  newspaper  in  each  ju- 
dicial district,  if  one  is  published  therein,  throughout  the  State,  for  three  months 
preceding  the  election  at  which  it  is  submitted  to  the  people. 

ARTICLE  IX.—Incorparati(yns. 

Sec.  1.  No  corporate  body  shall  hereafter  be  created,  renewed,  or  extended, 
with  the  privilege  of  making,  issuing,  or  putting  in  circulation,  any  bill,  check, 
ticket,  certificate,  promissory  note,  or  other  paper,  or  the  paper  of  any  bank,  to 
circulate  as  money.  The  General  Assembly  of  this  State  shall  prohibit  by 
law,  any  person  or  persons,  association,  company  or  corporation,  from  exer- 
cising the  privileges  of  banking,  or  creating  paper  to  circulate  as  money. 

2.  Corporations  shall  not  be  created  in  this  State  by  special  laws,  except  for 
political  or  municipal  purposes,  but  the  General  Assembly  shall  provide,  by 
general  laws,  for  the  organization  of  all  other  corporations,  except  corporations 
with  banking  privileges,  the  creation  of  which  is  prohibited.  The  stockholders 
shall  be  subject  to  such  liabilities' and  restrictions  as  shall  be  provided  by  law. 
The  State  shall  not,  directly  or  indirectly,  become  a  stockholder  in  any  corpo- 
ration. 

ARTICLE  X. — Ediication  and  School  Lands. 

Sec.  1.  The  General  Assembly  shall  provide  for  the  election,  by  the  people, 
of  a  superintendent  of  public  instruetion,  who  shall  hold  his  office  for  three 
years,  and  whose  duties  shall  be  prescribed  by  law,  and  who  shall  repeive  such 
compensation  as  the  General  Assembly  may  direct. 

2.  The  General  Assembly  shall  encourage,  by  all  suitable  means,  the  pro- 
motion of  intellectual,  scientific,  moral  and  agricultural  improvement.  The 
proceeds  of  all  lands  that  have  been  or  hereafter  may  be  granted  by  the  United 
States  to  this  State,  for  the  support  of  schools,  which  shall  hereafter  be  sold  or 
disposed  of,  and  the  five  hundred  thousand  acres  of  land  granted  to  the  new 
States,  under  an  act  of  Congress,  distributing  the  proceeds  of  the  public  lands 
among  the  several  States  of  the  Union,  approved  A.  D.  1841,  and  all  estates  of 
deceased  persons,  who  may  have  died  without  leaving  a  will,  or  heir ;  and  also 
such  per  cent,  as  may  be  granted  by  Congress  on  the  sale  of  lands  in  this  State, 
shall  be  and  remain  a  perpetual  fiind,  the  interest  of  which,  together  with  all 
the  rents  oi"  the  unsold  lands,  and  such  other  means  as  the  General  Assembly 
may  provide,  shall  be  inviolably  appropriated  to  the  support  of  common  schools 
throughout  the  State. 

3.  The  General  Assembly  shall  provide  for  a  system  of  common  schools,  by 
which  a  school  shall  be  kept  up  and  supported  in  each  school  district,  at  least 
three  months  in  every  year ;  and  any  school  district  neglecting  to  keep  up  and 
support  such  a  school  may  be  deprived  of  its  proportion  of  the  interest  of  the 
public  fund  during  such  neglect. 

4.  The  money  which  shall  be  paid  by  persons  as  an  equivalent  for  exemp- 
tion from  military  duty,  and  the  clear  proceeds  of  all  fines  collected  in  the  sev- 
eral counties  for  any  breach  of  the  penal  laws,  shall  be  exclusively  applied,  in 
the  several  counties  in  which  such  money  is  paid  or  fine  collected,  among  the 
several  school  districts  of  said  counties,  in  the  proportion  to  the  number  of 
inhabitants  in  such  districts,  to  the  support  of  common  schools,  or  the  estab- 
lishment of  libraries,  as  the  General  Assembly  shall,  from  time  to  time,  pro- 
vide by  law. 

5.  The  General  Assembly  shall  take  measures  for  the  protection,  improve- 
ment, or  other  disposition  of  such  lands  as  have  been  or  may  hereafter  be  re- 
served or  granted  by  the  United  States,  or  any  person  or  persons,  to  this  State, 
for  the  use  of  a  university ;  and  the  funds  accruing  from  the  rents  or  sale  of 
such  lands,  or  from  any  other  source,  for  the  purpose  aforesaid,  shall  be  and 
remain  a  permanent  fund,  the  interest  of  which  shall  be  applied  to  the  support 
of  said  university,  with  such  branches  as  the  public  convenience  may  hereafter 
demand,  for  the  promotion  of  literature,  the  arts  and  sciences,  as  may  be  au- 
thorized by  the  terms  of  such  grant.    And  it  shall  be  the  duty  of  the  General 


IOWA.  515 


Assembly,  as  soon  as  may  be,  to  provide  effectual  means  for  the  improvement 
and  permanent  security  of  the  funds  of  said  university. 

ARTICLE  XL — Amendments  of  the  Constitution. 

If,  at  any  time,  the  General  Assembly  shall  think  it  necessary  to  revise 
or  amend  this  Constitution,  they  shall  provide  by  law  for  a  vote  of  the  people 
for  or  against  a  convention,  at  the  next  ensuing  election  for  members  of  the 
General  Assembly ;  in  case  a  majority  of  the  people  vote  in  favor  of  a  conven- 
tion, said  General  Assembly  shall  provide  for  an  election  of  delegates  to  a 
convention,  to  be  held  within  six  months  after  the  vote  of  the  people  in  favor 
thereof. 

ARTICLE  Xll.— Miscellaneous. 

Sec.  1.  The  jurisdiction  of  justices  of  the  peace  shall  extend  to  all  civil 
cases  (except  cases  in  chancery  and  cases  where  the  question  of  title  to  any  real 
estate  may  arise),  where  the  amount  in  controversy  does  not  exceed  one  hun- 
dred dollars,  and  by  the  consent  of  parties  may  be  extended  to  any  amount  not 
exceeding  five  hundred  dollars. 

2.  No  new  county  shall  be  laid  off  hereafter,  nor  old  county  reduced,  to  less 
contents  than  four  hundred  and  thirty-lwo  square  miles. 

3.  The  General  Assembly  shall  not  locate  any  of  the  public  lands,  which 
have  been  or  may  be  granted  by  Congress  to  this  State,  and  the  location  of 
which  may  be  given  to  the  General  Assembly,  upon  lands  actually  settled, 
without  the  consent  of  the  occupant.  The  extent  of  the  claim  of  such  occu- 
pant so  exempted  shall  not  exceed  thiee  hundred  and  twenty  acres. 


■^E*^ 


WISCONSIN. 


The  first  settlement,  in  this  state,  was  made  at  Green  Bay,  by  the  French,  in 
the  year  1670.  In  1819,  it  was  effectually  explored  by  General  Cass,  then 
governor  of  the  territory  of  Michigan.  In  1838,  the  population  was  less  than 
10,000,  In  1850,  it  was  304,226.  About  two-thirds  of  the  inhabitants  are  from 
New  England  and  New  York,  and  the  rest  from  different  states  of  the  Union,  and 
different  countries  of  Europe.  They  are  well  educated,  industrious,  order-loving, 
law-abiding,  people,  among  whom  idleness  and  want  are  unknown. 

The  territory  was  vmder  the  government  of  France  till  1763  ;  of  Great  Britain, 
till  1794 ;  of  Ohio,  till  1800  ;  of  Indiana,  till  1809  ;  of  Illinois,  till  1818 ;  of  Michi- 
gan, till  1836;  was  under  a  territorial  government  tiU  1848,  when,  as  a  state, 
Wisconsin  took  her  place  in  the  confederacy  of  the  states. 

The  state  owes  not  a  dollar ;  and  by  her  constitution,  she  is  inhibited  from 
ever  owing  at  any  time  more  than  $100,000.  At  an  expense  of  about  $100,000 
she  is  uniting  Lake  Michigan  and  the  Mississippi  River,  giving  her  an  uninter- 
rupted internal  navigation  of  about  three  hundred  miles  through  the  heart  of  the 
state.  Then  with  a  short  canal,  uniting  the  St.  Louis  River  with  Lake  Superior, 
and  with  a  canal  arotmd  the  FaUs  of  St.  Mary,  (which  must  soon  be  made,)  she 
will  have  navigable  water  on  three  sides,  and  through  the  middle  of  her  terri- 
tory. Then  she  can  choose  her  market  at  New  Orleans,  Quebec  or  New  York ; 
and  will  very  soon  be  ready  to  welcome,  with  one  hand,  the  hardy  immigrant,  on 
the  majestic  steamers,  from  the  east,  and  with  the  other,  the  CMna  trader  on  the 
cars  thundering  from  the  Pacific  to  the  Mississippi  on  the  west. 

In  fertility  of  soil,  exhaustless  water-power,  and  salubrity  of  climate,  this  state 
is  not  surpassed ;  and  for  commercial,  educational,  religious,  and  social  advan- 
tages, present,  and  prospective  but  sure,  no  state  in  the  Union,  no  place  in  the 
•world,  to  the  settler,  offers  greater  inducements  than  the  new  state  of  Wisconsin 

It  comprises  about  57,000  square  miles,  or  about  36,000,000  of  acres.  One 
thirty-sixth  part  of  this,  with  an  addition  of  500,000  acres,  is  inviolably  devoted 
to  the  cause  of  common  schools.  Besides  this,  the  amount  of  46,080  acres,  to  be 
selected  by  the  state,  is  given  for  a  permanent  University  fund. 


WISCONSIN.  517 


CONSTITUTION. 

PREAMBLE. 

We,  the  people  of  Wisconsin,  grateful  to  Almighty  God  for  our  freedom, 
in  order  to  secure  its  blessings,  form  a  more  perfect  government,  ensure  domestic 
tranquillity,  and  promote  the  general  welfare,  do  establish  this  constitution. 

ARTICLE  I.— Declaration  of  Rights. 

Sec.  1.  All  men  are  born  equally  free  and  independent,  and  have  certain 
inherent  rights :  among  these  are  life,  hberty,  and  the  pursuit  of  happiness. 
To  secure  these  rights,  governments  are  instituted  among  men,  deriving  their 
just  powers  from  the  consent  of  the  governed. 

2.  There  shall  be  neither  slavery  nor  involuntary  servitude  in  this  state,  other- 
wise than  for  the  punishment  of  crime,  whereof  the  party  shall  have  been  duly 
convicted. 

3.  Every  person  may  freely  speak,  write,  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no  laws  shall  be 
passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the  press.  In  all  criminal 
prosecutions  or  indictments  for  libel,  the  truth  may  be  given  in  evidence ;  and 
if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libellous  be  true,  and 
was  published  with  good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jvu-y  shall  have  the  right  to  determine  the  law  and  the 
fact. 

4.  The  right  of  the  people  peaceably  to  assemble  to  consult  for  the  common 
good,  and  to  petition  the  government,  or  any  department  thereof,  shall  never 
be  abridged. 

5.  The  right  of  trial  by  jury  shall  remam  inviolate ;  and  shaU  extend  to  all 
cases  at  law,  without  regard  to  the  amount  in  controversy ;  but  a  jury  trial  may 
be  waived  by  the  parties  in  all  cases,  in  the  manner  prescribed  by  law. 

6.  Excessive  bail  shall  not  be  required ;  nor  shall  excessive  fines  be  imposed ; 
nor  sliall  cruel  and  unusual  punishments  be  inflicted. 

7.  Li  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  be  heard 
by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the  accusation 
against  him ;  to  meet  the  witnesses  face  to  face ;  to  have  compulsory  process  to 
compel  the  attendance  of  witnesses  in  his  behalf:  and  in  prosecutions  by  indict- 
ment or  information,  to  a  speedy  pubUc  trial  by  an  impartial  jm-y  of  the  county 
or  district  wherein  the  offence  shall  have  been  committed,  which  county  or  dis- 
trict shall  have  been  previously  ascertained  by  law. 

8.  No  person  shall  be  held  to  answer  for  a  criminal  offence,  unless  on  the 
presentment  or  indictment  of  a  grand  jury,  except  in  cases  of  impeachment,  or 
m  cases  cognizable  by  justices  of  the  peace,  or  arising  in  the  army  or  navy,  or  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  danger ;  and  no  per- 
son for  the  same  offence  shall  be  put  twice  in  jeopardy  of  punishment,  nor  shall 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself.  All  persons 
shall  before  conviction  be  bailable  by  sufficient  sureties,  except  for  capital  offen- 
ces, when  the  proof  is  evident  or  the  presumption  great ;  and  the  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended  unless  when,  in  case  of  rebellion 
or  invasion,  the  public  safety  may  require. 

9.  Every  person  is  entitled  to  a  certain  remedy  in  the  laws,  for  all  injuries  or 
wrongs  which  he  may  receive  in  his  person,  property,  or  character  ;  he  ought  to 
obtain  justice  freely,  and  without  being  obliged  to  purchase  it ;  completely  and 
without  denial,  promptly  and  mthout  delay,  conformably  to  the  laws. 

10.  Treason  against  the  state  shall  consist  only  in  levying  war  against  the 
same,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort.     No  person 


518  CONSTITUTION    OF 


shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

11.  The  right  of  people  to  be  secure  in  their  persons,  houses,  papers,  and 
efifects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated ;  and 
no  warrant  shall  issue  but  upon  probable  cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

12.  J^o  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impairing  the  obli- 
gation of  contracts,  shall  ever  be  passed ;  and  no  conviction  shall  work  corruption 
of  blood  or  forfeiture  of  estate. 

13.  The  property  of  no  person  shall  be  taken  for  public  use,  without  just 
compensation  therefor. 

14.  All  lands  within  the  state  are  declared  to  be  allodial ;  and  feudal  tenures 
are  prohibited.  Leases  and  grants  of  agricultural  land,  for  a  longer  term  than 
fifteen  years,  in  which  rent  or  service  of  any  kind  shall  be  reserved,  and  all  fines 
and  like  restraints  upon  alienation,  reserved  in  any  grant  of  land,  hereafter  made, 
are  declared  to  be  void. 

15.  No  distinction  shall  ever  be  made  by  law  between  resident  aliens  and 
citizens,  in  reference  to  the  possession,  enjoyment,  or  descent  of  property. 

16.  No  person  shall  be  imprisoned  for  debt  arising  out  of  or  founded  on  a 
contract,  expressed  or  implied. 

17.  The  privilege  of  the  debtor  to  enjoy  the  necessary  comforts  of  life,  shall  be 
recognised  by  wholesome  laws,  exempting  a  reasonable  amount  of  property  from 
seizure  or  sale,  for  the  payment  of  any  debt  or  liability  hereafter  contracted. 

18.  The  right  of  every  man  to  worship  Almighty  God  according  to  the  dic- 
tates of  his  own  conscience,  shall  never  be  infringed ;  nor  shall  any  man  be 
compelled  to  attend,  erect,  or  support  any  place  of  worship,  or  to  maintain  any 
ministry,  against  his  consent.  Nor  shall  any  control  of,  or  interference  with  the 
rights  of  conscience,  be  permitted,  or  any  preference  be  given  by  law  to  any 
religious  establishments  or  modes  of  worship.  Nor  shall  any  money  be  drawn 
from  the  treasury  for  the  benefit  of  religious  societies,  or  religious  or  theological 
seminaries. 

19.  No  religious  tests  shall  ever  be  required  as  a  qualification  for  any  office 
of  public  trust  under  the  state ;  and  no  person  shall  be  rendered  incompetent  to 
give  evidence  in  any  court  of  law  or  equity,  in  consequence  of  his  opinions  on  the 
subject  of  reUgion. 

20.  The  mihtary  shall  be  in  strict  subordination  to  the  civil  power. 

21.  Writs  of  error  shall  never  be  prohibited  by  law. 

22.  The  blessings  of  a  fi*ee  government  can  only  be  maintained  by  a  firm 
adherence  to  justice,  moderation,  temperance,  frugality,  and  virtue,  and  by  fre- 
quent recurrence  to  fundamental  principles. 

ARTICLE  IL— Boundaries. 

Sec.  1.  It  is  hereby  ordained  and  declared,  that  the  State  of  Wisconsin  doth 
consent  and  accept  of  the  boundaries  prescrilDed  in  the  act  of  congress  entitled, 
"  An  act  to  enable  the  people  of  Wisconsin  territory  to  form  a  constitution  and 
state  government,  and  for  the  admission  of  such  state  into  the  Union,"  approved 
August  sixth,  one  thousand  eight  hundred  and  forty-six,  to  wit :  Beginning  at 
the  north-east  corner  of  the  state  of  Illinois,  that  is  to  say,  at  a  point  in  the  centre 
of  lake  Michigan  where  the  line  of  forty-two  degrees  and  tliirty  minutes  of  north 
latitude  crosses  the  same ;  thence,  running  with  the  boundary  line  of  the  state 
of  Michigan,  through  lake  Michigan,  Green  Bay,  to  the  mouth  of  Menomonee 
river ;  thence  up  the  channel  of  the  said  river  to  the  Brule  river ;  thence  up 
said  last-mentioned  river  to  lake  Brule ;  thence  along  the  southern  shore  of  lake 
Brule,  in  a  direct  line,  to  the  centre  of  the  channel  between  Middle  and  South 
island,  in  the  lake  of  the  Desert ;  thence  in  a  direct  line  to  the  head  waters  of 
the  Montreal  river,  as  marked  upon  the  survey  made  by  Captain  Cram ;  thence 


WISCONSIN.  519 


down  the  main  channel  of  the  Montreal  river  to  the  middle  of  lake  Superior ; 
thence  through  the  centre  of  lake  Superior  to  the  mouth  of  the  St.  Louis  river ; 
thence  up  the  main  channel  of  said  river,  to  the  first  rapids  in  the  same,  above 
the  Indian  village,  according  to  Nicollet's  map ;  thence  due  south  to  the  main 
branch  of  the  river  St.  Croix ;  thence  down  the  main  channel  of  said  river  to  the 
Mississippi ;  thence  down  the  centre  of  the  main  channel  of  that  river  to  the 
north-west  corner  of  the  state  of  Illinois ;  thence  due  east  with  the  northern 
boimdary  of  the  state  of  Illinois,  to  the  place  of  beginning,  as  established  by 
"  an  act  to  enable  the  people  of  the  Illinois  territory  to  form  a  constitution  and 
state  government,  and  for  the  admission  of  such  state  into  the  Union  on  an  equal 
footing  with  the  original  states,"  approved  April  18th,  1818.  Provided,  hoivever. 
That  the  following  alteration  of  the  aforesaid  boundary  be,  and  hereby  is,  pro- 
posed to  the  congress  of  the  United  States  as  the  preference  of  the  state  of  Wis- 
consin ;  and  if  the  same  shall  be  assented  and  agreed  to  by  the  congress  of  the 
United  States,  then  the  same  shall  be  and  for  ever  remain  obligatory  on  the 
state  of  Wisconsin,  viz :  Leaving  the  aforesaid  boundary  line  at  the  foot  of  tlie 
rapids  of  the  St.  Louis  river ;  thence  in  a  direct  hne,  bearing  south-westerly  to 
the  mouth  of  the  Iskodewabo,  or  Rum  river,  where  the  same  empties  into  the 
Mississippi  river  ;  thence  down  the  main  chaimel  of  the  said  Mississippi  river, 
as  prescribed  in  the  aforesaid  boundary. 

2.  The  propositions  contained  in  the  act  of  congress  are  hereby  accepted, 
ratified,  and  confirmed,  and  shall  remain  iiTevocable  without  the  consent  of  the 
United  States ;  and  it  is  hereby  ordained,  that  this  state  shall  never  interfere 
with  the  primary  disposal  of  the  soil  within  the  same,  by  the  United  States,  nor 
with  any  regulations  congress  may  find  necessary  for  securing  the  title  in  such 
soU  to  bona  fide  purchasers  thereof;  and  no  tax  shall  be  imposed  on  land,  tlie 
property  of  the  United  States ;  anfl  in  no  case  shall  non-resident  proprietors  be 
taxed  higher  than  residents.  Provided,  That  nothing  in  this  constitution,  or  in 
the  act  of  congress  aforesaid,  shall  in  any  manner  prejudice  or  affect  the  right 
of  the  state  of  Wisconsin  to  five  hundred  thousand  acres  of  land  granted  to  said 
state,  and  to  be  hereafter  selected  and  located,  by,  and  under  the  act  of  congress, 
entitled,  "  an  act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands, 
and  grant  pre-emption  rights,"  approved  September  fourth,  one  thousand  eight 
hundred  and  forty-one. 

ARTICLE  IIL— Suffrage. 

Sec.  1.  Every  male  person  of  the  age  of  twenty-one  years  or  upwards,  belong- 
ing to  either  of  the  following  classes,  who  shall  have  resided  in  the  state  for  one 
year  next  preceding  any  election,  shall  be  deemed  a  qualified  elector  at  such 
election : 

1st.  White  citizens  of  the  United  States. 

2d,  White  persons  of  foreign  birth,  who  shall  have  declared  their  intention  to 
become  citizens,  conformably  to  the  laws  of  the  United  States  on  the  subject  of 
naturalization. 

3d.  Persons  of  Indian  blood,  who  have  once  been  declared  by  law  of  congress 
to  be  citizens  of  the  United  States,  any  subsequent  law  of  congress  to  the  con- 
trary notwithstanding. 

4th.  Civilized  persons  of  Indian  descent,  not  members  of  any  tribe.  Provided, 
That  the  legislature  may  at  any  time  extend  by  law  the  right  of  suifrage  to  per- 
sons not  herein  enumerated ;  but  no  such  law  shaU  be  in  force  vmtil  the  same 
shall  have  been  submitted  to  a  vote  of  the  people  at  a  general  election,  and 
approved  by  a  majority  of  all  the  votes  cast  at  such  election. 

2.  No  person  under  guardianship,  non  compos  mentis,  or  insane,  shall  be  quali- 
fied to  vote  at  any  election ;  nor  shall  any  person  convicted  of  treason  or  felony, 
be  qualified  to  vote  at  any  election,  unless  restored  to  civil  rights. 

3.  All  votes  shall  be  given  by  ballot,  except  for  such  township  ofiicers  as  may 
by  law  be  directed  or  allowed  to  be  otherwise  chosen. 


520  CONSTITUTION    OF 


4.  No  person  shall  be  deemed  to  have  lost  his  residence  in  this  state  by  rea- 
Bon  of  his  absence  on  business  of  the  United  States  or  of  this  state. 

5.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  the  United  States, 
shall  be  deemed  a  resident  of  this  state  in  consequence  of  being  stationed  within 
the  same. 

6.  Laws  may  be  passed  excluding  from  the  right  of  suffrage  all  persons  who 
have  been  or  may  be  convicted  of  bribery  or  larceny,  or  of  any  infamous  crime, 
and  depriving  every  person  who  shall  make,  or  become  directly  or  indirectly  in- 
terested in  any  bet  or  wager  depending  upon  the  result  of  any  election,  from  the 
right  to  vote  at  such  election. 

ARTICLE  lY.— Legislative. 

Sec.  1.  The  legislative  power  shall  be  vested  in  a  senate  and  assembly. 

2.  The  number  of  the  members  of  the  assembly  shall  never  be  less  tlian 
fifty -four,  nor  more  than  one  hundi-ed.  The  senate  shall  consist  of  a  number  not 
more  than  one-third,  nor  less  than  one-fourth  of  the  number  of  tfie  members  of 
the  assembly. 

3.  The  legislature  shall  provide  by  law  for  an  enmneration  of  the  inhabitants 
of  the  state,  in  the  year  one  thousand  eight  hundred  and  fifty-five,  and  at  the  end 
of  every  ten  years  thereafter  ;  and  at  their  first  session  after  such  enumeration, 
and  also  after  each  enumeration  made  by  the  authoritv  of  the  United  States,  the 
legislature  shall  apportion  and  district  anew  the  members  of  the  senate  and  as- 
sembly, according  to  the  number  of  inhabitants,  excluding  Indians  not  taxed,  and 
soldiers  and  oj95cers  of  the  United  States  army  and  navy. 

4.  The  members  of  the  assembly  shall  be  chosen  annually  by  single  districts 
on  the  Tuesday  succeeding  the  first  Monday  of  November,  by  the  qualified  elec- 
tors of  the  several  districts,  such  districts  to  be  bounded  by  county,  precinct, 
town,  or  ward  lines,  to  consist  of  contiguous  territory,  and  be  in  as  compact  form 
as  practicable. 

6.  The  senators  shall  be  chosen  by  single  districts  of  convenient  contiguous 
territory,  at  the  same  time  and  in  the  same  manner  as  members  of  the  assembly 
are  required  to  be  chosen,  and  no  assembly  district  shall  be  divided  in  the  for- 
mation of  a  senate  district.  The  senate  districts  shall  be  numbered  in  regular 
series,  and  the  senators  chosen  by  the  odd  numbered  districts  shall  go  out  of  of- 
fice at  the  expiration  of  the  first  year,  and  the  senators  chosen  by  the  even  num- 
bered districts  shall  go  out  of  office  at  the  expiration  of  the  second  year,  and 
thereafter  the  senators  shall  be  chosen  for  the  term  of  two  years. 

6.  No  person  shall  be  eligible  to  the  legislature  who  shall  not  have  resided 
one  year  within  the  state,  and  be  a  qualified  elector  in  the  district  which  he  may 
be  chosen  to  represent. 

7.  Each  house  shall  be  the  judge  of  the  elections,  returns,  and  qualifications  of 
its  own  members,  and  a  majority  of  each  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members  in  such  manner  and  under  such  penalties  as  each 
house  may  provide. 

8.  Each  house  may  determine  the  rules  of  its  ovra  proceedings,  punish  for 
contempt  and  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds  of  aU 
the  members  elected,  expel  a  member  ;  but  no  member  shall  be  expelled  a  sec- 
ond time  for  the  same  cause. 

9.  Each  house  shall  choose  its  own  officers,  and  the  senate  shall  choose  a  tem- 
porary president,  when  the  lieutenant-governor  shall  not  attend  as  president,  or 
shall  act  as  governor. 

10.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish  the  same, 
except  such  parts  as  require  secrecy.  The  doors  of  each  house  shall  be  kept  open 
except  when  the  public  welfare  shall  require  secrecy.  Neither  house  shall, 
without  consent  of  the  other,  adjourn  for  more  than  three  days. 

11.  The  legislatiure  shall  meet  at  the  seat  of  government,  at  such  time  as 


WISCONSIN.  521 


shall  be  provided  by  law,  once  in  each  year,  and  not  oftener,  unless  convened  by 
the  governor. 

12.  No  member  of  the  legislature  shall,  during  the  term  for  which  he  was 
elected,  be  appointed  or  elected  to  any  civil  office  in  the  state,  which  shall  have 
been  created  or  the  emoluments  of  which  shall  have  been  increased  during  the 
term  for  which  he  was  elected. 

13.  No  person  being  a  member  of  congress,  or  holding  any  military  or  civil 
office  under  the  United  States,  shall  be  ehgible  to  a  seat  in  the  legislature ;  and 
if  any  person  shall,  after  his  election  as  a  member  of  the  legislature,  be  elected 
to  congress,  or  be  appointed  to  any  office,  civil  or  military,  under  the  govern- 
ment of  the  United  States,  his  acceptance  thereof  shall  vacate  his  seat. 

14.  The  governor  shall  issue  writs  of  election  to  fill  such  vacancies  as  may 
occur  in  either  house  of  the  legislature. 

15.  Members  of  the  legislature  shall  in  all  cases  except  treason,  felcHiy,  and 
breach  of  the  peace,  be  privileged  from  arrest,  nor  shall  they  be  subject  to  any 
civil  process  during  the  session  of  the  legislature,  nor  for  fifteen  days  next  before 
the  commencement  and  after  the  termination  of  each  session. 

16.  No  member  of  the  legislature  shall  be  liable  in  any  civil  action  or  crimi- 
nal prosecution  whatever,  for  words  spoken  in  debate. 

17.  The  style  of  the  laws  of  the  state  shall  be,  "  The  people  of  the  state  of 
Wisconsin  represented  in  senate  and  assembly,  do  enact  as  follows  ;"  and  no  law 
shall  be  enacted  except  by  biU. 

18.  No  private  or  local  bill,  which  may  be  passed  by  the  legislatvire,  shall 
embrace  more  than  one  subject,  and  that  shall  be  expressed  in  the  title. 

19.  Any  bill  may  originate  in  either  house  of  the  legislatm-e,  and  a  bill  passed 
by  one  house  may  be  amended  by  the  other. 

20.  The  yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall 
at  the  request  of  one-sixth  of  those  present,  be  entered  on  the  journal. 

21.  Each  member  of  the  legislature  shall  receive  for  his  services,  two  dollars 
and  fifty  cents  for  each  day's  attendance  during  the  session,  and  ten  cents  for 
every  mile  he  shall  travel  in  going  to  and  returning  from  the  place  of  the  meet- 
ing of  the  legislature,  on  the  most  usual  route. 

22.  The  legislature  may  confer  upon  the  boards  of  supervisors  of  the  several 
counties  of  the  state,  such  powers  of  a  local,  legislative,  and  administrative  char- 
acter, as  they  shall  from  time  to  time  prescribe. 

23.  The  legislature  shall  estabUsh  but  one  system  of  town  and  county  govern- 
ment, which  shall  be  as  nearly  uniform  as  practicable. 

24.  The  legislature  shall  never  authorize  any  lottery,  or  grant  any  divorce. 

25.  The  legislature  shall  provide  by  law,  that  all  stationery  required  for  the 
use  of  the  state,  and  all  printing  authorized  find  required  by  them  to  be  done 
for  their  use,  or  for  the  state,  shall  be  let  by  contract  to  the  lowest  bidder ;  but 
the  legislature  may  establish  a  maximum  price.  No  member  of  the  legislatm-e, 
or  other  state  officer,  shall  be  interested,  either  directly  or  indirectly,  in  any  such 
contract. 

26.  The  legislature  shall  never  grant  any  extra  compensation  to  any  public 
officer,  agent,  servant,  or  contractor,  after  the  services  shall  have  been  rendered 
or  the  contract  entered  into.  Nor  shall  the  compensation  of  any  pubhc  officer 
be  increased  or  diminished  during  his  term  of  office. 

27.  The  legislature  shall  direct  by  law,  in  what  manner  and  in  what  courts 
suits  may  be  brought  against  the  state. 

28.  Members  of  the  legislature  and  all  officers,  executive  and  judicial,  except 
such  inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  take  and  subscribe  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States,  and  the  Constitution  of  the  state 
of  Wisconsin,  and  faithfully  to  discharge  the  duties  of  their  respective  offices  to 
the  best  of  their  abiUty. 

29.  The  legislature  shall  determine  what  persons  shall  constitute  the  militia 


522  CONSTITUTION    OF 


of  the  state,  and  may  provide  for  organizing  and  disciplining  the  same  in  such 
manner  as  shall  be  prescribed  by  law. 

30.  In  all  elections  to  be  made  by  the  legislature,  the  members  thereof  shall 
vote  viva  voce,  and  their  votes  shall  be  entered  on  the  journal. 

ARTICLE  Y.— Executive. 

Seo.  1.  The  executive  power  shall  be  vested  in  a  governor,  who  shall  hold  hia 
office  for  two  years.  A  lieutenant-governor  shall  be  elected  at  the  same  time, 
and  for  the  same  term. 

2.  N'o  person,  except  a  citizen  of  the  United  States,  and  a  qualified  elector 
of  the  state,  shall  be  eligible  to  the  office  of  governor,  or  lieutenant-governor. 

3.  The  governor  and  lieutenant-governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  state,  at  the  times  and  places  of  choosing  members  of  the  legislatm-e. 
The  persons  respectively  having  the  highest  number  of  votes  for  governor  and 
lieutenant-governor,  shall  be  elected.  But  in  case  two  or  more  shall  have  an 
equal  and  the  highest  number  of  votes  for  governor  or  lieutenant-governor,  the 
two  houses  of  the  legislature,  at  its  next  annual  session,  shall  forthwith,  by  joint 
ballot,  choose  one  of  the  persons  so  having  an  equal  and  the  highest  number  of 
votes  for  governor  or  lieutenant-governor.  The  returns  of  election  for  governor 
and  Heutenant-govemor,  shall  be  made  in  such  manner  as  shall  be  provided  by 
law. 

4.  The  governor  shall  be  commander-in-chief  of  the  military  and  naval  forces 
of  the  state.  He  shall  have  power  to  convene  the  legislature  on  extraordinary 
occasions ;  and  in  case  of  invasion,  or  danger  fi*om  the  prevalence  of  contagious 
disease  at  the  seat  of  government,  he  may  convene  them  at  any  other  suitable 
place  within  the  state.  He  shall  communicate  to  the  legislatm-e,  at  every  session, 
the  condition  of  the  state,  and  recommend  such  matters  to  them  for  their  con- 
sideration, as  he  may  deem  expedient.  He  shall  transact  all  necessary  business 
with  the  officers  of  the  government,  civil  and  military.  He  shall  expedite  all 
such  measures  as  may  be  resolved  upon  by  the  legislature,  and  shall  take  care 
that  the  laws  be  faithfully  executed. 

5.  The  governor  shall  receive  dm*ing  his  continuance  in  office,  an  annual  com- 
pensation of  one  thousand  two  hxmdred  and  fifty  dollars. 

6.  The  governor  shall  have  power  to  grant  reprieves,  commutations,  and  par- 
dons, after  conviction,  for  all  offences  except  treason  and  cases  of  impeachment, 
upon  such  conditions  and  with  such  restrictions  and  limitations  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  Upon  conviction  for  treason,  he  shaU  have  the 
power  to  suspend  the  execution  of  the  sentence  until  the  case  shall  be  reported 
to  the  legislature  at  its  next  meeting,  when  the  legislature  shall  either  pardon, 
or  commute  the  sentence,  direct  the  execution  of  the  sentence,  or  grant  a  fur- 
ther reprieve.  He  shall  annually  communicate  to  the  legislature  each  case  of 
reprieve,  commutation,  or  pardon  granted,  stating  the  name  of  the  convict,  the 
crime  of  which  he  was  convicted,  the  sentence  and  its  date,  and  the  date  of  the 
commutation,  pardon,  or  reprieve,  with  his  reasons  for  granting  the  same. 

7.  In  case  of  .the  impeachment  of  the  governor,  or  his  removal  from  office, 
death,  inability  from  mental  or  physical  disease,  resignation,  or  absence  from  the 
state,  the  powers  and  duties  of  the  office  shall  devolve  upon  the  heutenanl^ 
governor,  for  the  residue  of  the  term,  or  until  the  governor,  absent  or  impeached, 
shall  have  returned,  or  the  disability  shall  cease.  But  when  the  governor  shall, 
with  the  consent  of  the  legislature,  be  out  of  the  state  in  time  of  war,  at  the 
head  of  the  military  force  thereof,  he  shaU  continue  commander-in-chief  of  the 
military  force  of  the  state. 

8.  The  lieutenant-governor  shall  be  president  of  the  senate,  but  shall  have 
only  a  casting  vote  therein.  If,  during  a  vacancy  in  the  office  of  governor,  the 
lieutenant-governor  shall  be  impeached,  displaced,  resign,  die,  or  from  mental  or 
physical  disease  become  incapable  of  performing  the  duties  of  his  office,  or  be 


WISCONSIN.  523 


absent  from  the  stat€,  the  secretary  of  state  shall  act  as  governor  until  the  va- 
cancy shall  be  filled,  or  the  disabihty  shall  cease. 

9,  The  lieutenant-governor  shall  receive  double  the  per  diem  allowance  of 
members  of  the  senate,  for  every  day's  attendance  as  president  of  the  senate, 
and  the  same  mileage  as  shall  be  allowed  to  members  of  the  legislature. 

10.  Every  bill  which  shall  have  pa«sed  the  legislature,  shall,  before  it  becomes 
a  law,  be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  that  house  in  which  it  shall  have  orig- 
inated, who  shall  enter  the  objections  at  large  upon  the  journal,  and  proceed  to. 
re-consider  it.  If,  after  such  re-consideration,  two-thirds  of  the  members  pres- 
ent shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  re-considered,  and  if  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a  law.  But  in  all  such  ca- 
ses, the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  or  against  the  bill,  shall  be  entered  on  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned  by  the  gov- 
ernor within  three  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law,  unless  the  legislature  shall,  by  their  adjoum- 
n^nt,  prevent  its  return ;  in  which  case  it  shall  not  be  a  law. 

ARTICLE  YL— Administrative. 

1.  There  shall  be  chosen  by  the  qualified  electors  of  the  state,  at  the  times 
and  places  of  choosing  the  members  of  the  legislature,  a  secretary  of  state,  trea- 
surer, and  an  attorney-general,  who  shall  severally  hold  their  offices  for  the  term 
of  two  years. 

2.  The  secretary  of  state  shall  keep  a  fair  record  of  the  official  acts  of  the 
legislature  and  executive  department  of  the  state,  and  shall,  when  required,  lay 
the  same  and  aU  matters  relative  thereto  before  either  branch  of  the  legislature. 
He  shall  be  ex- officio  auditor,  and  shall  perform  such  other  duties  as  shall  be 
assigned  him  by  law.  He  shall  receive  as  a  compensation  for  his  services,  year- 
ly, such  sum  as  shall  be  provided  by  law,  and  shall  keep  his  office  at  the  seat 
of  government. 

3.  The  powers,  duties,  and  compensation  of  the  treasurer  and  attorney-gene- 
ral shall  be  prescribed  by  law. 

4.  Sheriffs,  coroners,  registers  of  deeds,  and  district-attorneys  shall  be  chosen 
by  the  electors  of  the  respective  counties,  once  in  every  two  years,  and  as  often 
as  vacancies  shall  happen.  '  Sheriffs  shall  hold  no  other  office,  and  be  ineligible 
for  two  years  next  succeeding  the  termination  of  their  offices.  They  may  be 
required  by  law  to  renew  their  security  from  time  to  time  ;  and  in  default  of 
giving  such  new  security,  their  offices  shall  be  deemed  vacant.  But  the  coimty 
shall  never  be  made  responsible  for  acts  of  the  sheriff.  The  governor  may  re- 
move any  officer  in  this  section  mention'ed,  giving  to  such  officer  a  copy  of  the 
charges  against  him,  and  an  opportunity  of  being  heard  in  his  defence. 

ARTICLE  Yll.— Judiciary. 

Sec  1.  The  court  for  the  trial  of  impeachments  shall  be  composed  of  the  sen- 
ate. The  house  of  representatives  shall  have  the  power  of  impeaching  all  civil 
officers  of  thi»  state,  for  corrupt  conduct  in  office,  or  for  crimes  and  misdemean- 
ors ;  but  a  majority  of  all  the  members  elected  shall  concur  in  an  unpeachment. 
On  the  trial  of  an  impeachment  against  the  governor,  the  lieutenant-governor 
shall  not  act  as  a  member  of  the  court.  No  judicial  officer  shall  exercise  his 
office  after  he  shall  have  been  impeached,  until  his  acquittal.  Before  the  trial 
of  an  impeachment,  the  members  of  the  court  shall  take  an  oath  or  affirmation 
truly  and  impartially  to  try  the  impeachment,  according  to  evidence  ;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  members 
present.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification  to  hold  any  office 
39 


624  CONSTITUTION    OF 


of  honor,  profit,  or  trust  under  the  state ;  but  the  party  impeached  shall  be  lia- 
ble to  indictment,  trial,  and  punishment,  according  to  law. 

2.  The  judicial  power  of  this  state,  both  as  to  matters  of  law  and  equity,  shall 
be  vested  in  a  supreme  court,  circuit  com-ts,  courts  of  probate,  and  in  justices  of 
the  peace.  The  legislature  may  also  vest  such  jurisdiction  as  shall  be  deemed 
necessary  in  municipal  com-ts,  and  shall  have  power  to  establish  inferior  courts 
in  the  several  counties,  with  limited  civil  and  criminal  jurisdiction.  Provided, 
That  the  jm-isdiction  which  may  be  vested  in  municipal  courts  shall  not  exceed, 
in  their  respective  mimicipahties,  that  of  civil  courts  in  their  respective  circuits, 
as  prescribed  in  this  constitution :  and  that  the  legislature  shall  provide  as  well 
for  the  election  of  judges  of  the  municipal  courts  as  of  the  judges  of  inferior 
courts,  by  the  qualified  electors  of  the  respective  jurisdictions.  The  term  of  office 
of  the  judges  of  the  said'  municipal  and  inferior  courts  shall  not  be  longer  than 
that  of  the  judges  of  the  circuit  court. 

3.  The  supreme  court,  except  in  cases  otherwise  provided  in  this  constitution, 
shall  have  appellate  jurisdiction  only,  which  shall  be  co-extensive  with  the  state  ; 
but  in  no  case  removed  to  the  supreme  court,  shaU  a  trial  by  jury  be  allowed. 
The  supreme  court  shall  have  a  general  superintending  control  over  all  inferior 
courts  ;  it  shall  have  power  to  issue  writs  of  habeas  corpus,  mandamus,  injunc- 
tion, quo  warranto,  certiorari,  and  other  original  and  remedial  wiits,  and  to  hear 
and  determine  the  same. 

4.  For  the  term  of  five  years,  and  thereafter,  until  the  legislature  shall  other- 
wise provide,  the  judges  of  the  several  circuit  coiirts  shall  be  judges  of  the  su- 
preme court,  four  of  whom  shall  constitute  a  quorum,  and  the  concurrence  of  a 
majority  of  the  judges  present  shall  be  necessary  to  a  decision.  The  legislatm*e 
shall  have  power,  if  they  should  think  it  expedient  and  necessary,  to  provide  by 
law  for  the  organization  of  a  separate  supreme  court,  with  the  jurisdiction  and 
powers  prescribed  in  this  constitution,  to  consist  of  one  chief  justice  and  two  asso- 
ciate justices,  to  be  elected  by  the  qualified  electors  of  the  state,  at  such  time 
and  in  such  manner  as  the  legislature  may  provide.  The  separate  supreme 
com't,  when  so  organized,  shall  not  be  changed  or  discontinued  by  the  legisla- 
ture ;  the  judges  thereof  shall  be  so  classified  that  but  one  of  them  shall  go  out 
of  office  at  the  same  time,  and  their  term  of  office  shall  be  the  same  as  is  pro- 
vided for  the  judges  of  the  circuit  court.  And  whenever  the  legislature  may 
consider  it  necessary  to  establish  a  separate  supreme  court,  they  shall  have 
power  to  reduce  the  number  of  circuit  court  judges  to  four,  and  subdivide  tlie  ju- 
dicial circuits,  but  no  such  subdivision  or  reduction  Shall  take  effect  until  after 
the  expiration  of  the  term  of  some  one  of  the  said  judges,  or  till  a  vacancy  occur 
by  some  other  means. 

5.  The  state  shall  be  divided  into  five  judicial  circuits,  to  be  composed  as  fol- 
lows :  The  first  circuit  shall  comprise  the  counties  of  Racine,  Walworth,  Rock, 
and  Green.  The  second  circuit,  the  comities  of  Milwaukee,  "Waukesha,  Jeffer- 
son, and  Dane.  The  third  circuit,  the  counties  of  Washington,  Dodge,  Colmiibia, 
Marquette,  Sauk,  and  Portage.  The  fourth  circuit,  the  counties  of  }3rown,  Mani- 
towoc, Sheboygan,  Fond  du  Lac,  Winnebago,  and  Calumet.  And  the  fiftli  cir- 
cuit shall  comprise  the  counties  of  Iowa,  La  Fayette,  Grant,  Crawford,  and  St. 
Croix ;  and  the  county  of  Richland  shall  be  attached  to  Iowa,  the  county  of 
Cliippewa  to  the  county  of  Crawford,  and  the  county  of  La  Pointe«to  the  county 
of  St.  Croix,  for  judicial  purposes,  until  otherwise  provided  by  the  legislature. 

6.  The  legislature  may  alter  the  limits,  or  increase  the  number  of  circuits, 
making  them  as  compact  and  convenient  as  practicable,  and  bounding  them  by 
county  lines ;  but  no  such  alteration  or  increase  shall  have  tlie  effect  to  remove 
a  judge  from  office.  In  case  of  an  increase  of  circuits,  the  judge  or  judges  shall 
be  elected  as  provided  in  this  constitution,  and  receive  a  salary  not  less  than  that 
herein  provided  for  judges  of  the  chcuit  court. 

7.  For  each  circuit  there  shall  be  a  judge  chosen  by  the  qualified  electors  tliere- 
in,  who  shall  hold  his  office  as  is  provided  in  this  constitution,  and  tmtil  liis  sue- 


WISCONSIN.  525 


cesser  shall  be  chosen  and  qualified ;  and  after  he  shall  hare  been  elected,  he 
shall  reside  in  the  circuit  for  which  he  was  elected.  One  of  said  judges  shall  be 
designated  as  chief  justice,  in  such  manner  as  the  legislature  shall  provide.  And 
the  legislature  shall,  at  its  first  session,  provide  by  law,  as  well  for  the  election 
of,  as  for  classifying,  the  judges  of  the  circuit  court,  to  be  elected  under  this  Con- 
stitution, in  such  manner  that  one  of  said  judges  shall  go  out  of  office  in  two 
years,  one  in  three  years,  one  in  four  years,  one  in  five  years,  and  one  in  six  ;fears, 
and  thereafter  the  judge  elected  to  fill  the  office  shall  hold  the  same  for  six 
years. 

8.  The  circuit  courts  shall  have  original  jurisdiction  in  all  matters,  civil  and 
criminal,  within  this  state,  not  excepted  in  this  constitution,  and  not  hereafter 
prohibited  by  law,  an  appellate  jurisdiction  from  all  inferior  courts  and  tribunals, 
and  a  supervisory  control  over  the  same.  They  shall  also  have  the  power  to  is- 
sue writs  of  habeas  corpus,  mandamus,  injunction,  quo  warranto,  certiorari,  and 
all  other  writs  necessary  to  carry  into  effect  their  orders,  judgments,  and  decrees, 
and  give  them  a  general  control  over  inferior  courts  and  jurisdictions. 

9.  When  a  vacancy  shall  happen  in  the  office  of  judge  of  the  supreme  or  cir- 
cuit courts,  such  vacancy  shall  be  filled  by  an  appointment  of  the  governor,  which 
shall  continue  imtil  a  successor  is  elected  and  qualified ;  and  when  elected,  such 
successor  shall  hold  his  office  the  residue  of  the  unexpired  term.  There  shall  be 
no  election  for  a  judge  or  judges  at  any  general  election  for  state  or  county  offi- 
cers, nor  within  thirty  days  either  before  or  after  such  election. 

10.  Each  of  the  judges  of  tlie  supreme  and  circuit  com-ts  shall  receive  a  sal- 
ary, payable  quarterly,  of  not  less  than  one  thousand  five  hundred  dollars  annu- 
ally ;  they  shall  receive  no  fees  of  office,  or  other  compensation  than  their  sala- 
ries; they  shall  hold  no  office  of  public  trust,  except  a  judicial  office,  during  the 
term  for  which  they  are  respectively  elected,  and  aU  votes  for  either  of  them, 
for  any  office  except  a  judicial  office,  given  by  the  legislature  or  the  people,  shall 
be  void.  No  person  shall  be  eligible  to  the  office  of  judge,  who  shall  not,  at  the 
time  of  his  election,  be  a  citizen  of  the  United  States,  and  have  attained  the  age 
of  twenty-five  years,  and  be  a  qualified  elector  within  the  jurisdiction  for  which 
he  may  be  chosen. 

11.  The  supreme  court  shall  hold  at  least  one  term  annually,  at  the  seat  of 
government  of  the  state,  at  such  time  as  shall  be  provided  by  law,  and  the  leg- 
islatrure  may  provide  for  holding  other  terms,  and  at  other  places,  when  they 
may  deem  it  necessary.  A  circuit  court  shall  be  held  at  least  twice  in  each 
year,  in  each  coimty  of  this  state,  organized  for  judicial  purposes.  The  judges 
of  the  chcuit  court  may  hold  courts  for  each  othei*,  and  shall  do  so  when  requir- 
ed by  law. 

12.  There  shall  be  a  clerk  of  the  circuit  court  chosen  in  each  county  organized 
for  judicial  pm-poses,  by  the  qualified  electors  thereof,  who  shall  hold  his  office 
for  two  years,  subject  to  removal  as  shall  be  provided  by  law.  In  case  of  a  va- 
cancy, the  judge  of  the  circuit  court  shall  have  the  power  to  appoint  a  clerk, 
until  the  vacancy  shall  be  filled  by  an  election.  The  clerk  thus  elected  or  ap- 
pointed, shall  give  such  security  as  the  legislature  may  require ;  and  when  elect- 
ed, shall  hold  his  office  for  a  full  term.  The  supreme  court  shall  appoint  its  own 
clerk,  and  the  clerk  of  a  circuit  court  may  be  appointed  clerk  of  the  supreme 
court, 

13.  Any  judge  of  the  supreme  or  circuit  com-t  may  be  removed  from  office 
by  address  of  both  houses  of  the  legislature,  if  two-thirds  of  all  the  members 
elected  to  each  house,  concm-  therein ;  but  no  removal  shall  be  made  by  virtue 
of  this  section,  unless  the  judge  complained  of  shall  have  been  served  with  a 
copy  of  the  charges  against  him,  as  the  ground  of  address,  and  shall  have  had 
an  opportunity  of  being  heard  in  his  defence.  On  the  question  of  removal,  the 
ayes  and  noes  shall  be  entered  on  the  journals. 

14.  There  shall  be  chosen  in  each  county  by  tlie  qualified  electors  thereof,  a 
judge  of  probate,  who  shall  hold  his  office  for  two  years,  and  imtil  his  successor 


526  CONSTITUTION     OF 


shall  be  elected  and  qualified,  and  whose  jurisdiction,  powers,  and  duties,  shall 
be  prescribed  by  law :  Provided,  however,  That  the  legislature  shall  have  power 
to  abolish  the  office  of  judge  of  probate  in  any  county,  and  to  confer  probate 
powers  upon  such  inferior  courts  as  may  be  established  in  said  county. 

15.  The  electors  of  the  several  towns,  at  their  annual  town  meetings,  and  the 
electors  of  cities  and  villages,  at  their  charter  elections,  shall  in  such  manner  as 
the  Legislature  may  direct,  elect  justices  of  the  peace,  whose  term  of  office  shall 
be  for  two  years,  and  until  their  successors  in  office  shall  be  elected  and  quali- 
fied. In  case  of  an  election  to  fill  a  vacancy  occurring  before  the  expiration  of 
a  full  term,  the  justice  elected  shall  hold  for  the  residue  of  the  vmexpired  term. 
Their  number  and  classification  shall  be  regulated  by  law.  And  the  tenure  of 
two  years  shall  in  nowise  interfere  with  the  classification  in  the  first  instance. 
The  justices  thus  elected,  shall  have  such  civil  and  criminal  jurisdiction  as  shall 
be  prescribed  by  law. 

16.  The  legislature  shall  pass  laws  for  the  regulation  of  tribunals  of  concilia- 
tion, defining  their  powers  and  duties.  Such  tribunals  may  be  established  in 
and  for  any  township,  and  shall  have  power  to  render  judgment,  to  be  obligatory 
on  the  parties,  when  they  shall  voluntarily  submit  their  matter  in  difference  to 
arbitration,  and  agree  to  abide  the  judgment,  or  assent  thereto  in  writing. 

17.  The  style  of  all  writs  and  process  shall  be,  "  The  state  of  Wisconsin."  All 
feriminal  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority  of 
the  same ;  and  aU  indictments  shall  conclude,  against  the  peace  and  dignity  of 
the  state. 

18.  The  legislature  shall  imppse  a  tax  on  all  civil  suits  commenced  or  prose- 
cuted in  the  mvmicipal,  inferior,  or  circuit  courts,  which  shall  constitute  a  fund  to 
be  applied  toward  the  payment  of  the  salary  of  judges. 

19.  The  testimony  in  causes  in  equity,  shall  be  taken  in  like  manner  as  in  ca- 
ses at  law ;  and  the  office  of  master  in  chancery,  is  hereby  prohibited. 

20.  Any  suitor  in  any  court  of  this  state,  sliall  have  the  right  to  prosecute  or 
defend  his  suit  either  in  his  own  proper  person  or  by  an  attorney  or  agent  of  his 
choice. 

21.  The  legislature  shall  provide  by  law  for  the  speedy  publication  of  all  stat- 
ute laws,  and  of  such  judicial  decisions  made  within  the  state,  as  may  be  deem- 
ed expedient.     And  no  general  law  shall  be  in  force  until  published. 

22.  The  legislature  at  its  first  session  after  the  adoption  of  this  constitution, 
shall  provide  for  the  appointment  of  three  commissioners,  whose  duty  it  shall 
be  to  inquire  into,  revise  and  simplify  the  rules  of  practice,  pleadings,  forms,  and 
proceedings,  and  arrange  a  system  adapted  to  the  courts  of  record  of  this  state, 
and  report  the  same  to  the  legislature,  subject  to  their  modification  and  adop- 
tion ;'and  such  commission  shall  terminate  upon  the  rendering  of  the  report,  un- 
less otherwise  provided  by  law. 

23.  The  legislature  may  provide  for  the  appointment  of  one  or  more  persons 
in  each  organized  county,  and  may  vest  in  such  persons  such  judicial  powers  as 
shall  be  prescribed  by  law  :  Provided,  That  said  power  shall  not  exceed  that  of 
a  judge  of  the  circuit  court  at  chambers. 

ARTICLE  Ylll.— Finance. 

Sec.  1,  The  rule  of  taxation  shall  be  imiform,  and  taxes  shall  be  levied  upon 
such  property  as  the  legislatm-e  shall  prescribe. 

2.  No  money  shall  be  paid  out  of  the  treasury,  except  in  pursuance  of  an  ap- 
propriation by  law. 

3.  The  credit  of  the  state  shall  never  be  given  or  loaned  in  aid  of  any  individ- 
ual, association,  or  corporation. 

4.  The  state  shall  never  contract  any  public  debt,  except  in  the  cases  and 
manner  herein  provided. 

5.  The  legislature  shall  provide  for  an  annual  tax  sufficient  to  defray  the  esti- 
mated expenses  of  the  state  for  each  year ;  and  whenever  the  expenses  of  any 


WISCONSIN.  527 


year  shall  exceed  the  income,  the  legislature  shall  provide  for  levying  a  tax  for 
the  ensutag  year,  sufficient  with  other  sources  of  income,  to  pay  the  deficiency, 
as  well  as  the  estimated  expenses  of  such  ensuing  year. 

6.  For  the  purpose  of  defraying  extraordinary  expenditures,  the  state  may 
contract  public  debts  ;  but  such  debts  shall  never  in  the  aggregate  exceed  one 
hundred  thousand  dollars.  Every  such  debt  shall  be  authorized  by  law,  for  some 
purpose  or  pm-poses  to  be  distinctly  specified  therein;  and  the  vote  of  a  major- 
ity of  all  the  members  elected  to  each  house,  to  be  taken  by  yeas  and  nays,  shall 
be  necessary  to  the  passage  of  such  law ;  and  every  such  law  shall  provide  for 
levying  an  annual  t^  sufficient  to  pay  the  annual  interest  of  such  debt,  and  the 
principal  within  five  years  from  the  passage  of  such  law,  and  shall  specially 
appropriate  the  proceeds  of  such  taxes  to  the  payment  of  such  principal  and  in- 
terest ;  and  such  appropriation  shaU  not  be  repealed,  nor  the  taxes  be  postponed 
or  diminished  until  the  principal  and  interest  of  such  debt  shall  have  been  wholly 
paid. 

7.  The  legislature  maj  also  borrow  money  to  repel  invasion,  suppress  insurrec- 
tion, or  defend  the  state  in  time  of  war ;  but  the  money  thus  raised  shall  be  ap- 
plied exclusively  to  the  object  for  which  the  loan  was  authorized,  or  to  the  re- 
payment of  the  debt  thereby  created. 

8.  On  the  passage  in  either  house  of  the  legislature,  of  any  law  which  imposes, 
continues,  or  renews  a  tax,  or  creates  a  debt  or  charge,  or  makes,  continues,  or 
renews  an  appropriation  of  public  or  trust  money,  or  releases,  discharges,  or 
commutes  a  claim  or  demand  of  the  state,  the  question  shall  be  taken  by  yeas 
and  nays,  which  shall  be  duly  entered  on  the  journal ;  and  three-fifths  of  all  the 
members  elected  to  such  house,  shall  in  all  such  cases  be  required  to  constitute 
a  quorum  therein. 

9.  No  scrip,  certificate,  or  other  evidence  of  state  debt  whatsoever,  shall  be 
issued,  except  for  such  debts  as  are  authorized  by  the  sixth  and  seventh  sections 
of  this  article. 

10.  The  state  shall  never  contract  any  debt  for  works  of  internal  improvement, 
or  be  a  party  in  carrying  on  such  works  ;  but  whenever  grants  of  land  or  other 
property  shall  have  been  made  to  the  state,  especially  dedicated  by  the  grant 
to  particular  works  of  internal  improvement,  the  state  may  carry  on  such  par- 
ticular works,  and  shall  devote  thereto  the  avails  of  such  grants,  and  may  pledge 
or  appropriate  the  revenues  derived  from  such  works  in  aid  of  their  completion. 

ARTICLE  IX. — Eminent  Domain  and  Property  of  the  State. 

Sec.  1.  The  state  shall  have  concurrent  jurisdiction  on  all  rivers  and  lakes 
bordering  on  this  state,  so  far  as  such  rivers  or  lakes  shall  form  a  common  boun' 
dary  to  Qie  state  and  any  other  state  or  territory  now  or  hereafter  to  be  formed 
and  bounded  by  the  same.  "And  the  river  Mississippi  and  the  navigable  waters 
leading  into  the  Mississippi  and  St.  Lawrence,  and  the  carrying  places  between 
the  same,  shall  be  common  highways,  and  forever  free  as  well  to  the  inhabitants 
of  the  state,  as  to  the  citizens  of  the  United  States,  without  any  tax,  impost,  or 
duty  therefor. 

2.  The  title  to  all  lands  and  other  property  which  have  accrued  to  the  terri- 
tory of  Wisconsin,  by  grant,  gift,  purchase,  forfeiture,  escheat,  or  otherwise,  shall 
vest  in  the  state  of  Wisconsin. 

3.  The  people  of  the  state  in  their  right  of  sovereignty,  are  declared  to  pos- 
sess the  ultimate  property  in  and  to  all  lands  within  the  jurisdiction  of  the  state ; 
and  all  lands,  the  title  to  which  shall  fail  from  a  defect  of  heirs,  shall  revert,  or 
escheat  to  the  people. 

AJITICLE  'Si.— Education. 

Sec.  1.  The  supervision  of  public  instruction  shall  be  vested  in  a  state  super- 
intendent, and  such  other  officers  as  the  legislatiu-e  shall  direct.  The  state  super- 
intendent shall  be  chosen  by  the  qualified  electors  of  the  state,  in  such  manner 


528  CONSTITUTION    OF 


as  the  legislature  shall  provide ;  his  powers,  duties,  and  compensation  shall  be 
prescribed  by  law.  Provided,  That  his  compensation  shall  not  exceed  the  sum 
of  twelve  hundred  dollars  annually. 

2.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may  be  granted  by 
the  United  States  to  tlais  state,  for  educational  purposes,  (except  the  lands  here- 
tofore granted  for  the  purposes  of  a  university,)  and  all  moneys  and  the  clear 
proceeds  of  all  property  that  may  accrue  to  the  state  by  forfeiture  or  escheat, 
and  all  moneys  which  may  be  paid  as  an  equivalent  for  exemption  from  military 
duty,  and  the  clear  proceeds  of  all  fines  collected  in  the  several  counties  for  any 
breach  of  the  penal  laws,  and  all  moneys  arising  from  any  grant  to  the  state, 
where  the  purposes  of  such  grant  are  not  specified,  and  the  five  hmidi-ed  thousand 
acres  of  land  to  wliich  the  state  is  entitled  by  the  provisions  of  an  act  of  congress 
entitled,  "  an  act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and 
to  grant  pre-emption  rights,"  approved  the  fourth  day  of  September,  one  thousand 
eight  hundred  and  forty-one,  and  also  the  five  per  centxmi  of  the  nett  proceeds  of 
the  public  lands  to  which  the  state  shall  become  entitled  on  her  admission  into 
the  Union,  (if  congress  shall  consent  to  such  appropriation  of  the  two  grants  last 
mentioned,)  shall  be  set  apart  as  a  separate  fund,  to  be  called  the  school  fund, 
the  interest  of  which,  and  all  other  revenues  derived  from  the  school  lands,  shall 
be  exclusively  applied  to  the  following  objects,  to  wit: 

Ist.  To  the  support  and  maintenance  of  common  schools  in.  each  school  district, 
and  the  pm'chase  of  suitable  libraries  and  apparatus  therefor. 

2d.  The  residue  shall  be  appropriated  to  the  support  and  maintenance  of 
acadeinies  and  normal  schools,  and  suitable  libraries  and  apparatus  therefor. 

3.  The  legislature  shall  provide  by  law  for  the  establishment  of  district 
schools,  which  shall  be  as  nearly  uniform  as  practicable ;  and  such  schools  shall 
be  free  and  without  charge  for  tuition  to  all  children  between  the  ages  of  fom* 
and  twenty  years ;  and  no  sectarian  instruction  shall  be  allowed  therein. 

4.  Each  town  and  city  shall  be  required  to  raise  by  tax,  annually,  for  the 
support  of  common  schools  therein,  a  sum  not  less  than  one-half  the  amount 
received  by  such  town  or  city  respectively  for  school  purposes,  from  the  income 
of  the  school  fund. 

5.  Provision  shall  be  made  by  law  for  the  distribution  of  the  income  of  the 
school  fund  among  the  several  towns  and  cities  of  the  state,  for  the  support  of 
common  schools  therein,  in  some  just  proportion  to  the  number  of  children  and 
youth  resident  therein,  between  the  ages  of  four  and  twenty  years ;  and  no 
appropriation  shall  be  made  from  the  school  fund  to  any  city  or  town,  for  the 
year  in  which  said  city  or  town  shall  fail  to  raise  such  tax,  nor  to  any  school 
district  for  the  year  in  which  a  school  shall  not  be  maintained  at  least  three 
months. 

6.  Provision  shall  be  made  by  law  for  the  establishment  of  a  state  university, 
at  or  near  the  seat  of  the  state  government,  and  for  connecting  with  the  same 
fi-om  time  to  time  such  colleges  in  different  parts  of  the  state,  as  the  interests  of 
education  may  require.  The  proceeds  of  all  lands  that  have  been  or  may  here- 
after be  granted  by  the  United  States  to  the  state  for  the  support  of  a  univer- 
sity, shall  be  and  remain  a  perpetual  fund,  to  be  called  the  "  university  fund," 
the  interest  of  which  shall  be  appropriated  to  the  support  of  the  state  miiversity ; 
and  no  sectarian  instruction  shall  be  allowed  in  such  university. 

V.  The  secretary  of  state,  treasurer,  and  attorney-general,  shall  constitute  a 
board  of  commissioners  for  the  sale  of  the  school  and  university  lands,  and  for 
the  investment  of  the  funds  arising  therefrom.  Any  two  of  said  commissioners 
shall  be  a  quorum  for  the  transaction  of  all  business  pertaining  to  the  duties  of 
their  office. 

8.  Provision  shall  be  made  by  law  for  the  sale  of  all  school  and  university 
lands,  after  they  shall  have  been  appraised ;  and  when  any  portion  of  such 
lands  shall  be  sold,  and  the  purchase  money  shall  not  be  paid  at  the  time  of  the 
sale,  the  commissioners  shall  take  security  by  mortgage  upon  the  land  sold,  for 


WISCONSIN.  529 


the  sum  remaining  impaid,  with  seven  per  cent,  interest  thereon,  payable  annu- 
ally at  the  office  of  the  treasmrer.  The  commissioners  shall  be  authorized  to 
execute  a  good  and  sufficient  conveyance  to  all  purchasers  of  such  lands,  and  to 
discharge  any  mortgages  taken  as  security,  when  the  sum  due  thereon  shall  have 
been  paid.  The  commissioners  shall  have  power  to  withhold  from  sale  any 
portion  of  such  lands  when  they  shall  deem  it  expedient ;  and  shall  invest  all 
moneys  arising  from  the  sale  of  such  lands,  as  well  as  all  other  university  and 
school  funds,  in  such  manner  as  the  legislature  shall  provide,  and  shall  give  such 
security  for  the  faithful  performance  of  their  duties  as  may  be  required  by  law. 

ARTICLE  XL— Corporations. 

Sec.  1.  Corporations  without  banking  powers  or  privileges  may  be  formed 
under  general  laws,  but  shall  not  be  created  by  special  act,  except  for  municipal 
purposes,  and  in  cases  where,  in  the  judgment  of  the  legislatiire,  the  objects  of 
the  corporation  cannot  be  attained  under  general  laws.  All  general  laws  or 
special  acts  enacted  under  the  provisions  of  this  section  may  be  altered  or  repeal- 
ed by  the  legislature  at  any  time  after  their  passage. 

2.  No  municipal  corporation  shall  take  private  property  for  public  use  against 
the  consent  of  the  owner,  without  the  necessity  thereof  being  first  established 
by  the  verdict  of  a  jury. 

3.  It  shall  be  the  duty  of  the  legislature,  and  they  are  hereby  empowered  to 
provide  for  the  organization  of  cities  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contracting  debts,  and 
loaning  their  credit,  so  as  to  prevent  abuses  in  assessments  and  taxation,  and  in 
contracting  debts  by  such  municipal  corporations. 

4.  The  legislatm-e  shall  not  have  power  to  create,  authorize,  or  incorporate,  by 
any  general  or  special  law,  any  bank  or  banking  power  or  privilege,  or  any  insti- 
tution or  corporation,  having  any  banking  power  or  privilege  whatever,  except  as 
provided  in  this  article. 

5.  The  legislature  may  submit  to  the  voters  at  any  general  election,  the  ques- 
tion of  "  bank  or  no  bank ;"  and  if  at  any  such  election,  a  number  of  votes  equal 
to  a  majority  of  all  the  votes  cast  at  such  election  on  that  subject  shall  be  in  fia- 
vor  of  banks,  then  the  legislature  shall  have  power  to  grant  bank  charters,  or  to 
pass  a  general  banking  law,  with  such  restrictions  and  xmder  such  regulations  as 
they  may  deem  expedient  and  proper  for  the  security  of  the  bUl-holders  :  I*ro- 
vided,  That  no  such  grant  or  law  shall  have  any  force  or  effect  until  the  same 
shall  have  been  submitted  to  a  vote  of  the  electors  of  the  state  at  some  general 
election,  and  been  approved  by  a  majority  of  the  votes  cast  on  that  subject  at 
such  election. 

ARTICLE  XU.— Amendments. 

Sec.  1.  Any  amendment  or  amendments  to  this  constitution  may  be  proposed 
in  either  house  of  the  legislature,  and  if  the  same  shall  be  agreed  to  by  a  ma- 
jority of  the  members  elected  to  each  of  the  two  houses,  such  proposed  amend- 
ment or  amendments  shall  be  entered  on  their  journals  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  legislature  to  be  chosen  at  the  next  general 
election,  and  shall  be  published  for  three  months  previous  to  the  time  of  holding 
such  election.  And  if  in  the  legislature  so  next  chosen,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to  submit  such 
proposed  amendment  or  amendments  to  the  people,  in  such  inanner  and  at  such 
time  as  the  legislature  shall  prescribe,  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a  majority  of  the  electors  voting  thereon, 
such  amendment  or  amendments  shall  become  part  of  the  constitution :  Pro- 
vided, That  if  more  than  one  amendment  be  submitted,  they  shall  be  submitted 
in  such  manner  that  the  people  may  vote  for  or  against  such  amendments  sepa- 
rately. 


530  CONSTITUTION    OF 


2.  If  at  any  time  a  majority  of  the  senate  and  assembly  shall  deem  it  neces- 
sary to  call  a  convention  to  revise  or  change  this  constitution,  they  shall  recom- 
mend to  the  electors  to  vote  for  or  against  a  convention  at  the  next  election  for 
members  of  the  legislature  ;  and  if  it  shall  appear  that  a  majority  of  the  electors 
voting  thereon  have  voted  for  a  convention,  the  legislature  shall  at  its  next 
session  provide  for  calling  such  convention. 

ARTICLE  XIII. — Miscellaneous  Provisions. 

Sec.  1.  The  pohtical  year  for  the  state  of  "Wisconsin  shall  commence  on  the 
first  Monday  in  January  in  each  year,  and  the  general  election  shall  be  holden  on 
the  Tuesday  succeeding  the  first  Monday  in  November  in  each  year, 

2.  Any  inhabitant  of  this  state  who  may  hereafter  be  engaged,  either  directly 
or  indirectly,  in  a  duel,  either  as  principal  or  accessary,  shall  forever  be  disqualified 
as  an  elector,  and  from  holding  any  ofiice  imder  the  constitution  and  laws  of 
this  state,  and  may  be  punished  in  any  other  manner  as  shall  be  prescribed  by 
law. 

3.  N^o  member  of  congress,  nor  any  person  holding  any  oflfice  of  profit  or  trust 
under  the  United  States  (postmasters  excepted),  or  under  any  foreign  power ; 
no  person  convicted  of  any  infamous  crime  in  any  comrt  within  the  United  States, 
and  no  person  being  a  defaulter  to  the  United  States,  or  to  this  state,  or  to  any 
county  or  town  therein,  or  to  any  state  or  territory  within  the  United  States, 
shall  be  eligible  to  any  ofiice  of  trust,  profit,  or  honor  in  this  state. 

4.  It  shall  be  the  duty  of  the  legislature  to  provide  a  great  seal  for  the  state, 
which  shall  be  kept  by  the  secretary  of  state  ;  and  all  official  acts  of  the  governor, 
his  approbation  of  the  laws  excepted,  shall  be  thereby  authenticated. 

6.  All  persons  residing  upon  Indian  lands  within  any  county  of  the  state,  and 
qualified  to  exercise  the  right  of  suffrage  under  this  constitution,  shall  be  entitled 
to  vote  at  the  polls  which  may  be  held  nearest  their  residence,  for  state,  United 
States,  or  county  officers  ;  Provided,  that  no  person  shall  vote  for  comity  officers 
out  of  the  county  in  which  he  resides. 

6,  The  elective  officers  of  the  legislature,  other  than  the  presiding  officers, 
shall  be  a  chief-clerk,  and  a  sergeant-at-arms,  to  be  elected  by  each  house. 

T.  No  county  with  an  area  of  nine  himdred  square  miles  or  less,  shall  be 
divided,  or  have  any  part  stricken  therefrom,  without  submitting  the  question 
to  a  vote  of  the  people  of  the  county,  nor  unless  a  majority  of  aU  the  legal  voters 
of  the  county  voting  on  the  question,  shall  vote  for  the  same. 

8.  No  county  seat  shall  be  removed  until  the  point  to  which  it  is  proposed  to 
be  removed,  shall  be  fixed  by  law,  and  a  majority  of  the  voters  of  the  county, 
voting  on  the  question,  shall  have  voted  in  favor  of  its  removal  to  such  point. 

9.  All  coimty  officers  whose  election  or  appointment  is  not  provided  for  by 
this  constitution,  shall  be  elected  by  the  electors  of  the  respective  coimties,  or 
appointed  by  the  boards  of  supervisors  or  other  coimty  authorities,  as  the  legis- 
lature shall  direct.  All  city,  town,  and  village  officers,  whose  election  or 
appointment  is  not  provided  for  by  this  constitution,  shall  be  elected  by  the 
electors  of  such  cities,  towns,  and  villages,  or  of  some  division  thereof,  or 
appointed  by  such  authorities  thereof,  as  the  legislature  shall  designate  for  that 
purpose.  All  other  officers  whose  election  or  appointment  is  not  provided  for 
by  this  constitution,  and  all  officers  whose  offices  may  hereafter  be  created  by 
law,  shaU  be  elected  by  the  people,  or  appointed  as  the  legislature  may  direct. 

10.  The  legislatiu-e  may  declare  the  cases  in  which  any  office  shall  be  deemed 
vacant,  and  also  the  manner  of  filling  the  vacancy  where  no  provision  is  made 
for  that  purpose,  in  this  constitution. 

ARTICLE  XW.— Schedule, 

Seo.  1.  That  no  inconvenience  may  arise  by  reason  of  a  change  from  a  territo- 
rial to  a  permanent  state  government,  it  is  declared  that  aU  rights,  actions,  prose- 
cutions, judgments,  claims,  and  cMitracts,  as  well  of  individuals  as  of  bodies  cor- 


WISCONSIN.  531 


porate,  shall  continue  as  if  no  such  change  had  taken  place,  and  all  process 
which  may  be  issued  under  the  authority  of  the  territory  of  Wisconsin,  previous 
to  its  admission  into  the  Union  of  the  United  States,  shall  be  as  valid  as  if  issued 
in  the  name  of  the  state. 

2.  All  laws  now  in  force  in  the  territory  of  "Wisconsin,  which  are  not  repug- 
nant to  this  constitution,  shall  remain  in  force  until  they  expire  by  their  own 
limitation,  or  be  altered  or  repealed  by  the  legislature. 

3.  All  fines,  penalties,  or  forfeitures  accruing  to  the  territory  of  Wisconsin, 
shall  enure  to  the  use  of  the  state. 

4.  All  recognizances  heretofore  taken,  or  which  may  be  taken  before  the 
change  from  a  territorial  to  a  permanent  state  government,  shall  remain  valid, 
and  shall  pass  to,  and  may  be  prosecuted  in  the  name  of  the  state  ;  and  all  bonds 
executed  to  the  governor  of  the  territory,  or  to  any  other  officer  or  court,  in  his  or 
their  official  capacity,  shall  pass  to  the  governor  of  the  state  authority,  and  their 
successors  in  office,  for  the  uses  therem  respectively  expressed,  and  may  be  sued 
for  and  recovered  accordingly ;  and  all  the  estate  or  property,  real,  personal,  or 
mixed,  and  all  judgments,  bonds,  specialities,  choses  in  action,  and  claims  or 
debts  of  whatsoever  description,  of  the  territory  of  Wisconsin,  shall  eniu-e  to  and 
vest  in  the  state  of  Wisconsin,  and  may  be  sued  for  and  recovered  in  the  same 
manner,  and  to  the  same  extent,  by  the  state  of  Wisconsin,  as  the  same  could 
have  been  by  the  territory  of  Wisconsin.  All  criminal  prosecutions  and  penal 
actions  which  may  have  arisen,  or  which  may  arise  before  the  change  from  a 
territorial  to  a  state  government,  and  which  shall  then  be  pending,  shall  be  pro- 
secuted to  judgment  and  execution  in  the  name  of  the  state.  All  offences  com- 
mitted against  the  laws  of  the  territory  of  Wisconsin,  before  the  change  from  a 
territorial  to  a  state  government,  and  which  shall  not  be  prosecuted  before  such 
change,  may  be  prosecuted  in  tlie  name  and  by  the  authority  of  the  state  of 
Wisconsin,  with  like  effect  as  though  such  change  had  not  taken  place  ;  and  all 
penalties  incurred  shall  remain  the  same  as  if  this  constitution  had  not  been 
adopted.  All  actions  at  law,  and  suits  in  equity,  which  may  be  pending  in  any 
of  the  courts  of  the  territory  of  Wisconsin,  at  the  time  of  the  change  from  a  ter- 
ritorial to  a  state  government,  may  be  continued  and  transferred  to  any  court  of 
the  state  which  shall  have  jurisdiction  of  the  subject  matter  thereof. 

5.  All  officers,  civil  and  militaiy,  now  holding  their  offices  under  the  authority 
of  the  United  States,  or  of  the  territory  of  Wisconsin,  shall  continue  to  hold  and 
exercise  their  respective  offices  until  they  shall  be  superseded  by  the  authority 
of  the  state. 

6.  The  first  session  of  the  legislature  of  the  state  of  Wisconsin  shall  commence 
on  the  first  Monday  in  Jime  next,  and  shall  be  held  at  the  village  of  Madison, 
which  shall  be  and  remain  the  seat  of  government  imtil  otherwise  provided  bylaw. 

7.  All  county,  precinct,  and  township  officers,  shall  continue  to  hold  their  re- 
spective offices,  unless  removed  by  the  competent  authority,  until  the  legislatm-e 
shall  in  conformity  with  the  provisions  of  this  constitution  provide  for  the  hold- 
ing of  elections  to  fill  such  offices  respectively. 

8.  Tlie  president  of  tliis  convention  shall,  immediately  after  its  adjournment, 
cause  a  ink  copy  of  this  constitution,  together  with  a  copy  of  the  act  of  the  legis- 
lature of  this  territory,  entitled  "  An  act  in  relation  to  tlie  formation  of  a  state 
government  in  Wisconsin,  and  to  change  the  time  of  holding  the  annual  session 
of  the  legislature,"  approved  October  27th,  1847,  providing  for  the  calling  of 
this  convention,  and  also  a  copy  of  so  much  of  the  last  census  of  this  territory  as 
exhibits  the  number  of  its  inhabitants,  to  be  forwarded  to  the  President  of  the 
United  States,  to  be  laid  before  the  congress  of  the  United  States  at  its  present 


9.  This  constitution  shall  be  submitted  at  an  election  to  be  held  on  the  second 
Monday  in  March  next,  for  ratification  or  rejection,  to  all  white  male  persons  of 
the  age  of  twenty-one  years  or  upwards,  who  shall  then  be  residents  of  this  ter- 
ritory and  citizens  of  the  United  States,  or  shall  have  declared  their  intention 


532  CONSTITUTION    OF 


to  become  such,  in  conformity  "with  the  laws  of  congress  on  the  subject  of  natu- 
ralization ;  and  all  persons  having  such  qualifications  shall  be  entitled  to  vote 
for  or  against  the  adoption  of  this  constitution,  and  for  all  officers  first  elected 
under  it.  And  if  the  constitution  be  ratified  by  the  said  electors,  it  shall  become 
the  constitution  of  the  state  of  Wisconsin.  On  such  of  the  ballots  as  are  for  the 
constitution,  shall  be  written  or  printed  the  word  "  yes ;"  and  on  such  as  are 
against  the  constitution  the  word  "  no."  The  election  shall  be  conducted  in  the 
manner  now  prescribed  by  law,  and  the  returns  made  by  the  clerks  of  the 
boards  of  supervisors  or  county  commissioners  (as  the  case  may  be)  to  the  go- 
vernor of  the  territory,  at  any  time  before  the  tenth  day  of  April  next.  And  in 
the  event  of  the  ratification  of  this  constitution,  by  a  majority  of  all  the  votes 
given,  it  shall  be  the  duty  of  the  governor  of  this  territory  to  make  proclama- 
tion of  the  same,  and  to  transmit  a  digest  of  the  retm-ns  to  the  senate  and  as- 
sembly of  the  state,  on  the  first  day  of  their  session.  An  election  shall  be  held 
for  governor  and  lieutenant-governor,  treasurer,  attorney-general,  members  of 
the  state  legislature,  and  members  of  congress,  on  the  second  Monday  of  May 
next,  and  no  other  or  further  notice  of  such  election  shall  be  required. 

10.  Two  members  of  congress  shall  also  be  elected  on  the  second  Monday  of 
May  next ;  and  until  otherwise  provided  by  law,  the  counties  of  Milwaukie, 
Waukesha,  Jefferson,  Racine,  Walworth,  Rock,  and  Green,  shall  constitute  the 
first  congressional  district*  and  elect  one  member  ;  and  the  counties  of  Washing- 
ton, Sheboygan,  Manitouwoc,  Calumet,  Brown,  Winnebago,  Fond  du  Lac,  Mar- 
quette, Sauk,  Portage,  Columbia,  Dodge,  Dane,  Iowa,  La  Fayette,  Grant,  Rich- 
land, Crawford,  Chippewa,  St.  Croix,  and  La  Pointe.  shall  constitute  the  second 
congressional  district,  and  shall  elect  one  member. 

11.  The  several  elections  provided  for  in  this  article  shall  be  conducted  according 
to  the  existing  laws  of  the  territory  :  Provided,  That  no  elector  shall  be  entitled 
to  vote  except  in  the  town,  ward,  or  precinct  where  he  resides.  The  retm-ns  of  elec- 
tion for  senators  and  members  of  assembly  shall  be  transmitted  to  the  clerk  of  the 
board  of  supervisors,  or  county  commissioners,  as  the  case  may  be,  and  the  votes 
shall  be  canvassed,  and  certificates  of  election  issued,  as  now  provided  by  law. 
In  the  first  senatorial  district,  the  returns  of  the  election  for  senator  shall  be 
made  to  the  proper  officer  in  the  county  of  Brown.  In  the  second  senatorial 
district,  to  the  proper  officer  in  the  county  of  Columbia.  In  the  third  senatorial 
district,  to  the  proper  officer  in  the  county  of  Crawford.  In  the  fourth  senato- 
rial district,  to  the  proper  officer  in  the  county  of  Fond  du  Lac.  And  in  the 
fifth  senatorial  district  to  the  proper  officer  in  the  coimty  of  Iowa.  The  re- 
turns of  election  for  state  officers  and  members  of  congress  shall  be  certified  and 
transmitted  to  the  speaker  of  the  assembly  at  the  seat  of  government,  in  the 
same  manner  as  the  votes  for  delegate  to  congress  are  required  to  be  certified 
and  returned  by  the  laws  of  the  territory  of  Wisconsin,  to  the  secretary  of 
said  territory,  and  in  such  time  that  they  may  be  received  on  the  fast  Monday 
in  June  next ;  and  as  soon  as  the  legislature  shall  be  organized,  the  speaker 
of  the  assembly  -and  the  president  of  the  senate  shall,  in  the  presence  of 
both  houses,  examine  the  returns,  and  declare  who  are  duly  elected  to  fill 
the  several  offices  hereinbefore  mentioned,  and  give  to  each  of  the  persons  elected 
a  certificate  of  his  election. 

12.  Until  there  shall  be  a  new  apportionment,  the  senators  and  members  of 
the  assembly  shall  be  apportioned  among  the.  several  districts,  as  hereinafter 
mentioned,  and  each  district  shall  be  entitled  to  elect  one  senator  or  member  of 
the  assembly,  as  the  case  may  be. 

The  counties  of  Brown,  Calumet,  Manitouwoc,  and  Sheboygan,  shall  constitute 
the  first  senate  district. 

The  counties  of  Columbia,  Marquette,  Portage,  and  Sauk,  shall  constitute  the 
second  senate  district. 

The  counties  of  Crawford,  Chippewa,  St.  Croix,  and  La  Ponte,  shall  constitute 
the  third  senate  district. 


WISCONSIN.  533 


The  coimties  of  Fond  du  Lac,  and  Winnebago,  shall  constitute  the  fourth 
senate  district.  • 

The  counties  of  Iowa  and  Richland,  shall  constitute  the  fifth  senate  district. 

The  county  of  Grant  shall  constitute  the  sixth  senate  district. 

The  county  of  La  Fayette  shall  constitute  the  seventh  senate  district. 

The  county  of  Green  shall  constitute  the  eighth  senate  district. 

The  county  of  Dane  shall  constitute  the  ninth  senate  district. 

The  county  of  Dodge  shall  constitute  the  tenth  senate  district. 

The  county  of  Washington  shall  constitute  the  eleventh  senate  district. 

The  county  of  Jefferson  shall  constitute  the  twelfth  senate  district. 

The  county  of  Waukesha  shall  constitute  the  thu-teenth  senate  district. 

The  county  of  Walworth  shall  constitute  the  fourteenth  senate  district. 

The  county  of  Rock  shall  constitute  the  fifteenth  senate  district. 

The  towns  of  Southport,  Pike,  Pleasant  Prairie,  Paris,  Bristol,  Brighton,  Sa- 
lem, and  Wheatland,  in  the  county  of  Racine,  shall  constitute  the  sixteenth 
senate  district. 

The  towns  of  Racine,  Caledonia,  Mount  Pleasant,  Raymond,  Norway,  Roches- 
ter, Yorkville,  and  Burlington,  in  the  county  of  Racine,  shall  constitute  the 
seventeenth  senate  district. 

The  third,  fourth,  and  fifth  wards  of  the  city  of  Milwaukee,  and  the  towns  of 
Lake,  Oak  Creek,'  Frauklm,  and  Greenfield,  in  the  county  of  Milwaukee,  shall 
constitute  the  eighteenth  senate  district. 

The  first  and  second  wards  of  the  city  of  Milwaukee,  and  the  towns  of  Mil- 
waukee, Wauwatosa,  and  Granville,  in  the  county  of  Milwaukee,  shall  constitute 
the  nineteenth  senate  district. 

The  county  of  Brown  shall  constitute  an  assembly  district. 

The  county  of  Calumet  shall  constitute  an  assembly  district. 

The  county  of  Manitouwoc  shall  constitute  an  assembly  district. 

The  county  of  Columbia  shall  constitute  an  assembly  district. 

The  counties  of  Crawford  and  Chippewa,  shall  constitute  an  assembly  district. 

The  counties  of  St.  Croix  and  La  Pointe,  shall  constitute  an  assembly  district. 

The  towns  of  Windsor,  Sun  Prairie,  and  Cottage  Grove,  in  the  county  of  Dane, 
shall  constitute  an  assembly  district. 

The  towns  of  Madison,  Cross  Plains,  Clarkson,  Springfield,  Verona,  Montrose, 
Oregon,  and  Green^eld,  in  the  county  of  Dane,  shall  constitute  an  assembly  district. 

The  towns  of  Rome,  Dunkirk,  Christiana,  Albion,  and  Rutland,  in  the  county 
of  Dane,  shall  constitute  an  assembly  district. 

The  towns  of  Burnett,  Chester,  Le  Roy,  and  WUliamstown,  in  the  coimty  of 
Dodge,  shall  constitute  an  assembly  district. 

The  towns  of  Fairfield,  Hubbard,  and  Rubicon,  in  the  county  of  Dodge,  shall 
constitute  an  assembly  district. 

The  towns  of  Hustisford,  Ashippun,  Lebanon,  and  Emmet,  in  the  county  of 
Dodge,  shall  constitute  an  assembly  district. 

The  towns  of  Elba,  Lowell,  Portland,  and  Clyman,  in  the  county  of  Dodge, 
shall  constitute  an  assembly  district. 

The  towns  of  Calamus,  Beaver  Dam,  Fox  Lake,  and  Trenton,  in  the  county  of 
Dodge,  shall  constitute  an  assembly  district. 

The  towns  of  Calumet,  Forest,  Auburn,  Byron,  Taychedah,  and  Fond  du  Lac, 
in  the  county  of  Fond  du  Lac,  shall  constitute  an  assembly  district. 

The  towns  of  Alto,  Metoman,  Ceresco,  Rosendale,  Waupun,  Oakfield,  and  Seven 
Mile  Creek,  in  the  county  of  Fond  du  Lac,  shall  constitute  an  assembly  district. 

The  precincts  of  Hazel  Green,  Fairplay,  Smeltzer's  Grove,  and  Jamestown,  in 
the  county  of  Grant,  shall  constitute  an  assembly  district. 

The  precincts  of  Plattville,  Head  of  Platte,  Centerville,  Muscoday,  and  Fen- 
nimore,  in  the  county  of  Grant,  shall  constitute  an  assembly  district. 

The  precincts  of  Pleasant  Valley,  Potosi,  Waterloo,  Hurricane,  and  New  Lis- 
bon, in  the  county  of  Grant,  shall  constitute  an  assembly  district. 


534  CONSTITUTION    OF 


The  precincts  of  BeetoTvn,  Patch  Grove,  Cassville,  Millville,  and  Lancaster,  in 
the  county  of  Grant,  shall  constitute  an  assembly  district. 

The  county  of  Green  shall  constitute  an  assembly  district. 

The  precincts  of  Dallas,  Peddler's  Creek,  Mineral  Point,  and  Yellow  Stone,  in 
the  county  of  Iowa,  shall  constitute  an  assembly  district. 

The  precincts  of  Franklin,  Dodgeville,  Porter's  Grove,  Arena,  and  Percussion, 
in  the  county  of  Iowa,  and  the  county  of  Richland,  shall  constitute  an  assembly 
district. 

The  towns  of  Watertown,  Aztalan,  and  Waterloo,  in  the  county  of  Jefferson, 
shall  constitute  an  assembly  district. 

The  towns  of  Ixonia,  Concord,  Sullivan,  Hebron,  Cold  Spring,  and  Palmyra, 
in  the  county  of  Jefferson,  shall  constitute  an  assembly  district. 

The  towns  of  Lake  Mills,  Oakland,  Koskonong,  Farmington,  and  Jefferson,  in 
the  county  of  Jefferson,  shall  constitute  an  assembly  district. 

The  precincts  of  Benton,  Elk  Grove,  Belmont,  Willow  Springs,  Prairie,  and 
that  part  of  Shullsburgh  precinct  north  of  town  one,  in  the  coimty  of  La  Fay- 
ette, shaU  constitute  an  assembly  district. 

The  precincts  of  Wiota,  Wayne,  Gratiot,  White  Oak  Springs,  Fever  River,  and 
that  part  of  Shullsburgh  precinct  south  of  town  two,  in  the  county  of  La  Fay- 
ette, shaE  constitute  an  assembly  district. 

liie  coimty  of  Marquette  shall  constitute  an  assembly  district. 

The  first  ward  of  the  city  of  Milwaukee,  shall  constitute  an  assembly  district. 

The  second  ward  of  the  city  of  Milwaukee,  shall  constitute  an  assembly  district. 

The  third  ward  of  the  city  of  Milwaukee,  shall  constitute  an  assembly  district. 

The  fourth  and  fifth  wards  of  the  city  of  Milwaukee,  shall  constitute  an  as- 
sembly district. 

The  towns  of  Franklin,  and  Oak  Creek,  in  the  county  of  Milwaukee,  shall 
constitute  an  assembly  district. 

The  towns  of  Greenfield,  and  Lake,  in  the  county  of  Milwaukee,  shall  consti- 
tute an  assembly  district. 

The  towns  of  Granville,  Wauwatosa,  and  Milwaukee,  in  the  county  of  Milwau- 
kee, shall  constitute  an  assembly  district. 

The  county  of  Portage  shall  constitute  an  assembly  district. . 

The  town  of  Racine,  in  the  county  of  Racine,  shaU  constitute  an  assembly  district. 

The  towns  of  Norway,  Raymond,  Caledonia,  and  Mount  Pleasant,  in  the  coun- 
ty of  Racine,  shall  constitute  an  assembly  district. 

The  towns  of  Rochester,  Burlington,  and  Yorkville,  in  the  county  of  Racine, 
shall  constitute  an  assembly  district. 

The  towns  of  Southport,  Pike,  and  Pleasant  Prairie,  in  the  county  of  Racine, 
shall  constitute  an  assembly  district. 

The  towns  of  Paris,  Bristol,  Brighton,  Salem,  and  Wheatland,  in  the  county  of 
Racine,  shall  constitute  an  assembly  district. 

The  towns  of  Janesville,  and  Bradford,  in  the  county  of  Rock,  shall  consti- 
tute an  assembly  district. 

The  towns  of  Beloit,  Turtle,  and  Clinton,  in  the  county  of  Rock,  shall  consti- 
tute an  assembly  district. 

The  towns  of  Magnolia,  Union,  Porter,  and  Fulton,  in  the  county  of  Rock, 
shall  constitute  an  assembly  district. 

The  towns  of  Milton,  Lima,  and  Johnstown,  in  the  county  of  Rock,  shall  con- 
stitute an  assembly  district. 

The  towns  of  Newark,  Rock,  Avon,  Spring  Valley,  and  Centre,  in  the  county 
of  Rock,  shall  constitute  an  assembly  district :  Provided,  That  if  the  legislature 
shall  divide  the  town  of  Centre,  they  may  attach  such  part  of  it  to  the  district 
lying  next  north,  as  they  may  deem  expedient. 

The  county  of  Sauk  shall  constitute  an  assembly  district. 

Precincts  numbered  one,  three,  arid  seven,  in  the  county  of  Sheboygan,  shall 
constitute  an  assembly  district. 


WISCONSIN.  535 


Precincts  numbered  two,  four,  five,  and  six,  in  the  county  of  Sheboygan,  shall 
constitute  an  assembly  district. 

The  towns  of  Troy,  East  Troy,  and  Spring  Prairie,  in  the  county  of  Walworth, 
shall  constitute  an  assembly  district. 

The  towns  of  Whitewater,  Richmond,  and  Lagrange,  in  the  county  of  Wal- 
worth, shall  constitute  an  assembly  district. 

The  towns  of  Geneva,  Hudson,  and  Bloorafield,  in  the  county  of  Walworth, 
shall  constitute  an  assembly  district. 

The  towns  of  Darien,  Sharon,  Walworth,  and  Lynn,  in  the  county  of  Wal- 
worth, shall  constitute  an  assembly  district. 

The  towns  of  Delavan,  Sugar  Creek,  La  Fayette,  and  Elkhom,  in  the  county 
of  Walworth,  shall  constitute  an  assembly  district. 

The  towns  of  Lisbon,  Menomonee,  and  Brookfield,  in  the  county  of  Wauke- 
sha, shall  constitute  an  assembly  district. 

The  towns  of  Warren,  Oconomewoc,  Summit,  and  Ottowa,  in  the  county  of 
Waukesha,  shall  constitute  an  assembly  district. 

The  towns  of  Delafield,  Genesee,  and  Pewaukee,  in  the  county  of  Waukesha, 
shall  constitute  an  assembly  district. 

The  towns  of  Waukesha  and  New  Berlm,  in  the  county  of  Waukeslia,  shall 
constitute  an  assembly  district. 

The  towns  of  Eagle,  Mukwanego,  Vernon,  and  Muskego,  in  the  county  of 
Waukesha,  shall  constitute  an  assembly  district. 

The  towns  of  Port  Washington,  Fredonia,  and  Clarence,  in  the  county  of 
Washington,  shall  constitute  an  assembly  district. 

The  towns  of  Grafton  and  Jackson,  in  the  county  of  Washington,  shall  consti 
tute  an  assembly  district. 

The  towns  of  Mequon  and  Germantown,  in  the  coimty  of  Washington,  shall 
constitute  an  assembly  district.  • 

The  towns  of  Polk,  Richfield,  and  Erin,  in  the  county  of  Washington,  shall 
constitute  an  assembly  district. 

The  towns  of  Hartford,  Addison,  West  Bend,  and  North  Bend,  in  the  county 
of  Washington,  shall  constitute  an  assembly  district. 

The  county  of  Winnebago  shall  constitute  an  assembly  district. 

The  foregoing  districts  are  subject,  however,  so  far  to  be  altered  that  when 
any  new  town  shall  be  organized,  it  may  be  added  to  either  of  the  adjoining  as- 
sembly districts. 

13.  Such  parts  of  the  common  law  as  are  now  in  force  in  the  territory  of  Wiscon- 
sin, not  inconsistent  -with  this  constitution,  shall  be  and  continue  part  of  the  law 
of  this  state,  until  altered  or  suspended  by  the  legislature. 

14.  The  senators  first  elected  in  the  even  numbered  senate  districts,  the  gover- 
nor, lieutenant-governor,  and  other  state  officers  first  elected  mider  this  consti- 
tution, shall  enter  upon  the  duties  of  their  respective  offices  on  the  first  Monday 
of  June  next,  and  sliall  continue  in  office  for  one  year  fi-om  the  first  Monday  of 
January  next.  The  senators  first  elected  in  the  odd  numbered  senate  districts, 
and  the  members  of  the  assembly  first  elected,  shall  enter  upon  their  duties 
respectively  on  the  first  Monday  of  June  next,  and  shall  continue  in  office  until 
the  first  Monday  in  January  next. 

15.  The  oath  of  office  may  be  administered  by  any  judge  or  justice  of  the 
peace,  until  the  legislature  shall  otherwise  direct. 


RESOLUTIONS. 


Resolved,  That  the  congress  of  the  United  States  be  and  is  hereby  requested, 
upon  the  application  of  Wisconsin  for  admission  into  the  Union,  so  to  after  ^e 
provisions  of  an  act  of  congress  entitled  "  an  act  to  grant  a  quantity  of  land  to 
the  territory  of  Wisconsin  for  the  purpose  of  aiding  in  opening  a  canal  to  connect 
the  waters  of  lake  Michigan  with  those  of  Rock  river,"  approved  June  eighteenth. 


536  CONSTITUTION    OF    WISCONSIN. 

eighteen  hundred  and  thirty-eight ;  and  so  to  alter  the  terms  and  conditions  of 
the  grant  made  therein,  that  the  odd  numbered  sections  thereby  granted  and 
remaining  unsold,  may  be  held  and  disposed  of  by  the  state  of  Wisconsin,  as 
part  of  tlie  five  hundred  thousand  acres  of  land  to  which  said  state  is  entitled 
by  the  provisions  of  an  act  of  congress,  entitled  "  an  act  to  appropriate  the  pro- 
ceeds of  the  sales  of  the  public  lands,  and  to  grant  pre-emption  rights,"  approved 
the  fourth  day  of  September,  eighteen  hundred  and  forty-one;  and  further, 
that  the  even  numbered  sections  reserved  by  congress  may  be  offered  for  sale 
by  tlie  United  States  for  the  same  minimum  price,  and  subject  to  the  same  rights 
of  pre-emption  as  other  public  lands  of  the  llnited  States. 

Resolved,  That  congress  be  fiu-ther  requested  to  pass  an  act  whereby  the  ex- 
cess price  over  and  above  one  dollar  and  twenty-five  cents  per  acre,  which  may 
have  been  paid  by  the  piurchasers  of  said  even  numbered  sections  which  shall 
have  been  sold  by  the  United  States,  be  refunded  to  the  present  owners  thereof, 
or  they  be  allowed  to  enter  any  of  the  public  lands  of  the  United  States,  to  an 
amoimt  equal  in  value  to  the  excess  so  paid. 

Resolved,  That  in  case  the  odd  numbered  sections  shall  be  ceded  to  the  state 
as  aforesaid,  the  same  shall  be  sold  by  the  state  in  the  same  manner  as  other 
school  lauds :  Provided,  That  the  same  rights  of  pre-emption  as  are  now  granted 
by  the  laws  of  the  United  States,  shall  be  secured  to  persons  who  may  be  actu- 
ally settled  upon  such  lands  at  the  time  of  the  adoption  of  this  constitution : 
And  provided  further.  That  the  excess  price  over  and  above  one  dollar  and 
twenty-five  cents  per  acre,  absolutely  or  conditionally  contracted  to  be  paid  by 
the  purchasers  of  any  part  of  said  sections  which  shall  have  been  sold  by  the 
territory  of  "Wisconsin,  shall  be  remitted  to  such  purchasers,  their  representatives, 
or  assigns. 

Resolved,  That  congress  be  requested,  upon  the  application  of  Wisconsin  for 
admission  into  the  Union,  to  pass  an  act  whereby  the  grant  of  five  hundred 
thousand  acres  of  land,  to  which  the  state  of  Wisconsin  is  entitled  by  the  pro- 
visions of  an  act  of  congress  entitled  "  an  act  to  appropriate  tSfe  proceeds  of  the 
sales  of  the  public  lands,  and  to  grant  pre-emption  rights,"  approved  the  fourth 
day  of  September,  eighteen  hundred  and  forty-one,  and  also  the  five  per  centum 
of  the  nett  proceeds  of  the  public  lands  lying  within  the  state,  to  which  it  shall 
become  entitled  on  its  admission  into  the  Union,  by  the  provisions  of  an  act  of 
congress,  entitled  "  an  act  to  enable  the  people  of  Wisconsin  territory  to  form 
a  constitution  and  state  government,  and  for  the  admission  of  such  state  into  tlie 
Union,"  approved  the  sixth  day  of  August,  eighteen  hundred  and  forty-six,  shall 
be  granted  to  the  state  of  Wisconsin  for  the  use  of  schools,  instead  of  the  pur- 
poses mentioned  in  said  acts  of  congress  respectively. 

Resolved,  That  the  congress  of  the  United  States  be,  and  hereby  is,  requested, 
upon  the  admission  of  this  state  into  the  Union,  so  to  alter  the  provisions  of 
the  act  of  congress,  entitled  "  an  act  to  grant  a  certain  quantity  of  land  to  aid  iu 
the  improvement  of  the  Fox  and  Wisconsin  rivers,  and  to  connect  the  same  by 
a  canal  in  the  territory  of  Wisconsin,"  that  the  price  of  the  lands  reserved  to  the 
United  States  shall  be  reduced  to  the  mininum  price  of  the  public  lands. 

Resolved,  That  the  legislature  of  this  state  shall  make  provision  by  law  for 
the  sale  of  the  lands  granted  to  the  state  in  aid  of  said  improvements,  subject  to 
tlie  same  rights  of  pre-emption  to  the  settlers  thereon,  as  are  now  allowed  by  law 
to  settlers  on  the  pubhc  lands. 

Resolved,  That  the  foregoing  resolutions  be  appended  to  and  signed  with  the 
constitution  of  Wisconsin,  and  submitted  therewith  to  the  people  of  this  territory, 
and  to  the  congress  of  the  United  States. 

In  testimony  whereof  we  have  hereimto  set  our  hands,  at  Madison,  the  first  day 
of  February,  A.  D.  eighteen  hundred  and  forty  eight. 

MORGAN  L.  MARTIN,  President. 
Thomas  McHugh,  Secretary. 


CALIFORNIA. 


This  country,  during  the  Spanisli  rule,  constituted  a  part  of  tlie  viceroyalty  of 
Mexico,  or  New  Spain.  When  Mexico  became  a  federal  republic,  not  finding 
California  sufficiently  populous  to  form  a  state,  she  established  over  it  a  territorial 
government,  of  which  Los  Angeles  and  Monterey  -were  the  seats. 

A  few  years  since  the  country  between  tlie  llocky  Mountains  and  the  Pacific 
was  unknown  ;  except  in  some  parts  of  Oregon,  which  had  been  laid  open  by  the 
discoveries  of  Capt.  Grey,  in  1192,  and  by  the  explorations  of  Lewis  and  Clarke, 
in  1803. 

The  American  government,  in  1888,  sent  out  a  naval  Exploring  Expedition, 
under  Captain  Charles  Wilkes,  who  was  directed  to  make  surveys  of  the  coasts 
of  Oregon  and  California,  with  special  reference  to  the  bay  of  San  Francisco.  He 
pronounced  the  harbor  of  San  Francisco  to  be  "  one  of  the  finest,  if  not  the  very 
best  in  the  world."  The  town,  then  called  Yerba  Buena,  "  consisted  of  one  large 
frame  building,  occupied  by  the  Hudson  Bay  Company ;  the  store  of  an  American 
merchant,  a  billiard-room,  and  a  bar ;  a  cabin  of  a  ship,  occupied  as  a  dwelling  ; — 
besides  out-houses,  few  and  far  between." 

The  most  prominent  man  in  the  region  was  Capt.  Sutter,  a  Swiss  by  birth,  but 
immigrating  from  Missouri.  Having  obtained  from  Mexico  a  grant  of  land  thirty 
leagues  square,  he  located  his  residence  within  it,  and  built  a  fort  at  the  confluence 
of  the  American  river  witli  the  Sacramento,  near  the  place  since  called  Sacra- 
mento City.  Capt.  Wilkes  reported  well  of  the  soil  and  productiveness  of  the 
country.  He  related  a  recent  military  contest,  in  which  the  scale  was  turned  by 
the  valor  of  twenty-five  American  hunters. 

Mr.  Polk  came  into  the  presidency  with  a  war  upon  his  hands.  He  doubtless 
intended  so  to  conduct  it  that  it  should  redound  to  the  honor  and  advantage  of  his 
country ;  bein^  early  determined  to  obtain  California  and  New  Mexico.  But  a 
project  was  on  foot  to  place  California  beyond  the  reach  of  the  American  govern- 
ment, and  under  the  protection  of  the  British.  This  was  in  part  to  be  effected 
through  the  agency  of  Macnamara,  an  Irish  priest,  who,  before  the  beginning  of 
the  war,  visited  the  city  of  Mexico,  and  obtained  grants  of  some  of  the  best  ports 
and  most  fertile  lands  of  California.  Capt.  Fremont  was  sent  overland,  early  in 
the  spring  of  1845,  to  California,  ostensibly  for  scientific  exploration,  with  63  men, 

537 


688  CONSTITUTION    OF 


composed  of  the  famous  and  noble  hunter  and  guide,  Kit  Carson,  and  others  like 
him,  ready,  with  sinews  of  steel,  to  do  or  to  dare  ; — furnished  with  artillery,  and 
armed  with  Colt's  revolvers.  If  Mr.  Polk's  object  was  to  counterwork  the 
British  plot,  his  measures  and  agents  were  well  chosen,  and  his  plans  completely 
successful. 

The  Mexican  treaty,  signed  at  Gaudalupe  Hi'dalgo,  Feb.  2,  1848,  added  to  the 
American  Republic  vast  tracts,  of  which  the  California  portion  had  a  framework 
of  society  adverse  to  our  own,  many  patriots  looked  with  apprehension  for  the 
result,  knowing  that  ordinarily  the  full  river  keeps  the  course  first  taken  by  the 
rivulet.  Would  enough  of  our  citizens  go  thither  to  turn  this  course — to  fuse  this 
portion  into  the  common  mass  ?  Providence  presented  a  material  to  draw  them 
so  quickly,  and  in  such  ample  numbers,  that  they  at  once  constituted  the  prin- 
cipal stream  of  Californian  society,  into  which  all  minor  currents,  not  excepting 
the  original,  were  merged ;  and  Gold,  the  curse  of  other  lands,  was  a  blessing 
to  this. 

In  February,  1848,  a  private  discovery  of  gold  was  made  on  the  grounds  of 
Capt.  Sutter,  by  a  Mr.  Marshall,  then  in  his  employ,  twenty-five  miles  up  the 
American  Fork  of  the  Sacramento.  It  was  soon  found  in  other  localities.  Rumors 
of  California  gold  reached  the  Atlantic  States,  which  were  converted  to  certainty 
by  the  President's  message  of  December,  1849,  accompanied  by  a  letter  from 
Gov.  Mason,  who  had  been  in  person  to  visit  the  gold  "  diggings."  As  he  passed 
along,  he  found  houses  deserted,  and  fields  of  wheat  going  to  ruin ;  their  owners 
having  left  them  to  dig  for  gold.  Such  had  been  the  quantities  found,  that  every 
convenience  of  life  bore  an  enormous  price.  Capt.  Sutter  paid  his  blacksmith  ten 
dollars  per  day  ;  and  he  received  five  hundred  dollars  per  month  for  the  rent  of  a 
two-story  house  within  his  fort.  Gov.  Mason  followed  up  the  American  to  the 
sawmill,  in  whose  raceway  the  golden  scales  were  first  discovered.  He  visited 
other  "  placers,"  and  saw  multitudes  engaged  in  the  beds  of  streams,  and  in  dry 
ravines,  where  water-courses  had  once  existed.  In  a  little  gutter  two  men  had 
found  the  value  of  seventeen  thousand  dollars.  The  ordinary  yield  for  a  day's 
work  was  two  ounces. 

Such  were  the  facts  reported  from  unquestionable  sources ;  and  California  at 
once  became  the  one  luminous  point,  to  which  all  eyes  were  directed.  There  was 
a  rush  for  the  land  of  gold,  not  only  from  the  United  States,  but  from  Europe, 
Asia,  South  America,  and  the  isles  of  the  sea. 

From  December,  1849,  to  January,  1850,  99  vessels  from  the  United  States.  52 
from  N"ew  York;  29  from  New  England.  From  October,  1849,  to  October,  1850, 
one  year,  arrived  at  San  Francisco,  48,615  immigrants  by  sea,  and  33,000  by  land. 

The  13th  of  October,  1849,  will  be  memorable  in  the  annals  of  California.  On 
that  day  the  members  of  the  Convention  elected  to  draft  a  constitution  set  their 
signatures  to  this  noble  instrument.  The  President  of  this  body  was  Robert 
Semple,  a  native  of  Kentucky ;  the  Secretary,  Wm.  G.  Marcy,  of  New  York. 

The  constitution  was  adopted  by  the  people  Nov.  13,  1849.  Population,  in 
1860,  200,000. 


CONSTITUTION. 

ARTICLE  I.— Declaration  of  Rights. 

Sec.  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting  pro- 
perty, and  pursuing  and  obtaining  safety  and  happiness. 

2.  All  political  power  is  inherent  in  the  people.     Government  is 


CALIFORNIA.  539 


instituted  for  the  protection,  security,  and  benefit  of  the  people ;  and 
they  have  the  right  to  alter  or  reform  the  same  whenever  the  public 
good  may  require  it. 

3.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain 
inviolate  forever ;  but  a  trial  by  jury  may  be  waived  by  the  parties 
in  all  civil  cases,  in  the  manner  to  be  prescribed  by  law. 

4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forevei-  be  allowed 
in  this  State :  and  no  person  shall  be  rendered  incompetent  to  be  a 
witness  on  account  of  his  opinions  on  matters  of  religious  belief; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  State. 

6.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

6.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  shall  cruel  or  unusual  punishments  be  inflicted,  nor  shall  wit- 
nesses be  unreasonably  detained. 

7.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offences,  when  the  proof  is  evident  or  the  presumption  great. 

8.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime  (except  in  cases  of  impeachment,  and  in  cases  of 
militia  when  in  actual  service,  and  the  land  and  naval  forces  in  time 
of  war,  or  which  this  State  may  keep  with  the  consent  of  Congress 
in  time  of  peace,  and  in  cases  of  petit  larceny  under  the  regulation 
of  the  Legislature),  unless  on  presentment  or  indictment  of  a  grand 
jury  ;  and  in  any  trial  in  any  court  whatever,  the  party  accused 
shall  be  allowed  to  appear  and  defend  in  person  and  with  counsel, 
as  in  civil  actions.  No  person  shall  be  subject  to  be  twice  put  in 
jeopardy  for  the  same  offence ;  nor  shall  he  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himself^  nor  be  deprived  of 
life,  liberty,  or  property,  without  due  process  of  law ;  nor  shall  pri- 
vate property  be  taken  for  public  use  without  just  compensation. 

9.  Every  citizen  may  freely  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right ; 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of 
speech  or  of  the  press.  Tn  all  criminal  prosecutions  on  indictments 
for  libels,  the  truth  may  be  given  in  evidence  to  the  jury  ;  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libellous  is  true, 
and  was  published  with  good  motives  and  for  justifiable  ends,  the 
party  shall  be  acquitted ;  and  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  fact. 

10.  The  people  shall  have  the  right  freely  to  assemble  together  to 
consult  for  the  common  good,  to  instruct  their  representatives,  and  to 
petition  the  Legislature  for  redress  of  grievances. 

11.  All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

12.  The  military  shall  be  subordinate  to  the  civil  power.     No 

40 


540  CONSTITUTION    OF 


standing  army  shall  be  kept  up  by  this  State  in  time  of  peace  ;  and 
in  time  of  war  no  appropriation  for  a  standing  army  shall  be  for  a 
longer  time  than  two  years. 

13.  No  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  except  in  the 
manner  to  be  prescribed  by  law. 

14.  Representation  shall  be  apportioned  according  to  population. 

15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action  on 
mesne  or  final  process,  unless  in  cases  of  fraud ;  and  no  person  shall 
be  imprisoned  for  a  militia  fine  in  time  of  peace. 

16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  shall  ever  be  passed. 

17.  Foreigners  who  are,  or  who  may  hereafler  become  bona  fide 
residents  of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment,  and  inheritance  of  property,  as  native  born 
citizens. 

18.  Neither  slavery  nor  involuntary  servitude,  unless  for  the  pun- 
ishment of  crimes,  shall  ever  be  tolerated  in  this  State. 

19.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  seizures  and  searches,  shall 
not  be  violated  ;  and  no  warrant  shall  issue  but  on  probable  cause, 
supported  by  oath  or  affirmation,  particularly  describing  the  place  to 
be  searched,  and  the  persons  and  things  to  be  seized. 

20.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  com- 
fort. No,  person  shall  be  convicted  of  treason  unless  on  the  evidence 
of  two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

21.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people. 

ARTICLE  II.— Right  of  Suffrage. 

Sec.  1.  Every  white  male  citizen  of  the  United  States,  and  every 
white  male  citizen  of  Mexico,  who  shall  have  elected  to  become  a 
citizen  of  the  United  States,  under  the  treaty  of  peace  exchanged  and 
ratified  at  Queretaro,  on  the  30th  day  of  May,  1848,  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  resident  of  the  State  six 
months  next  preceding  the  election,  and  the  county  or  district  in 
which  he  claims  his  vote  thirty  days,  shall  be  entitled  to  vote  at  all 
elections  which  are  now  or  hereafler  may  be  authorized  by  law : 
Provided  that  nothing  herein  contained  shall  be  construed  to  prevent 
the  Legislature,  by  a  two-thirds  concurrent  vote,  from  admitting  to 
the  right  of  suffrage  Indians  or  the  descendants  of  Indians,  in  such 
special  cases  as  such  a  proportion  of  the  legislative  body  may  deem 
just  and  proper. 

2.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  on  the  days  of  the  election, 
during  their  attendance  at  such  election,  going  to  and  returning 
therefrom. 


CALIFORNIA.  541 


3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger. 

4.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence  by  reason  of  his  presence  or  absence  while 
employed  in  the  service  of  the  United  States ;  nor  while  engaged  in 
the  navigation  of  the  waters  of  this  State,  or  of  the  United  States, 
or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of  learn- 
ing ;  nor  while  kept  at  any  almshouse  or  other  asylum  at  public 
expense ;  nor  while  confined  in  any  public  prison. 

5.  No  idiot  or  insane  person,  or  person  convicted  of  any  infa- 
mous crime,  shall  be  entitled  to  the  privileges  of  an  elector. 

6.  All  elections  by  the  people  shall  be  by  ballot. 

ARTICLE  m.—Distrihutio7i  of  Powers. 

The  powers  of  the  government  of  the  State  of  California  shall  be 
divided  'into  three  separate  departments — the  Legislative,  the  Execu- 
tive, and  Judicial ;  and  no  person  charged  with  the  exercise  of 
powers  properly  belonging  to  one  of  these  departments,  shall  exer- 
cise any  functions  appertaining  to  either  of  the  others,  except  in  the 
cases  hereinafter  expressly  directed  or  permitted. 

ARTICLE  IV. — Legislative  Department, 

Sec.  1 .  The  legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  Assembly,  which  shall  be  designated  the  Legislature  of 
the  State  of  California,  and  the  enacting  clause  of  every  law  shall  be 
as  follows :  "  The  people  of  the  State  of  California,  represented  in 
Senate  and  Assembly,  do  enact  as  follows." 

2.  The  sessions  of  the  Legislature  shall  be  annual,  and  shall  com- 
mence on  the  first  Monday  of  January  next  ensuing  the  election  of 
its  members,  unless  the  governor  of  the  State  shall  in  the  interim 
convene  the  Legislature  by  proclamation. 

3.  The  members  of  the  Assembly  shall  be  chosen  annually,  by 
the  qualified  voters  of  their  respective  districts,  on  the  Tuesday  next 
after  the  first  Monday  in  November,  unless  otherwise  ordered  by  the 
Legislature,  and  their  term  of  office  shall  be  one  year. 

4.  Senators  and  members  of  Assembly  shall  be  duly  qualified 
electors  in  the  respective  counties  and  districts  which  they  represent. 

5.  Senators  shall  be  chosen  for  the  term  of  two  years,  at  the 
same  time  and  places  as  members  of  Assembly  ;  and  no  person 
shall  be  a  member  of  the  Senate  or  Assembly  who  has  not  been  a 
citizen  and  inhabitant  of  the  State  one  year,  and  of  the  county  or 
district  for  which  he  shall  be  chosen  six  months  next  before  his 
election. 

6.  The  number  of  senators  shall  not  be  less  than  one-third,  nor 
more  than  one-half  of  that  of  the  members  of  Assembly ;  and  at 
the  first  session  of  the  Legislature  after  this  constitution  takes  effect, 
the  senators  shall  be  divided  by  lot  as  equally  as  may  be,  into  two 


542  CONSTITUTION    OF 


classes ;  the  seats  of  the  senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  first  year,  so  that  one-half  shall  be  chosen 
annually. 

7.  When  the  number  of  senators  is  increased,  they  shall  be  appor- 
tioned by  lot,  so  as  to  keep  the  two  classes  as  nearly  equal  in  num- 
ber as  possible. 

8.  Each  house  shall  choose  its  own  officers  and  judge  of  the  quali- 
fications, elections,  and  returns  of  its  own  members. 

9.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner,  and  under 
such  penalties,  as  each  house  may  provide. 

10.  Each  house  shall  determine  the  rules  of  its  own  proceedings, 
and  may,  with  the  concurrence  of  two-thirds  of  "all  the  members 
elected,  expel  a  member. 

11.  Each  house  shall  keep  a  journal  of  its  own  proceedings,  and 
publish  the  same ;  and  the  yeas  and  nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

12.  Members  of  the  Legislature  shall,  in  all  cases  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from  arrest,  and  they 
shall  not  be  subject  to  any  civil  process  during  the  session  of  the 
Legislature,  nor  for  fifteen  days  next  before  the  commencement  and 
after  the  termination  of  each  session. 

13.  When  vacancies  occur  in  either  house,  the  governor,  or  the 
person  exercising  the  functions  of  the  governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

14.  The  doors  of  each  house  shall  be  open,  except  on  such  occa- 
sions as  in  the  opinion  of  the  house  may  require  secrecy. 

15.  Neither  house  shall  without  the  consent  of  the  other  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

16.  Any  bill  may  originate  in  either  house  of  the  Legislature, 
and  all  bills  passed  by  one  house  may  be  amended  in  the  other. 

17.  Every  bill  which  may  have  passed  the  Legislature  shall 
before  it  becomes  a  law  be  presented  to  the  governor.  If  he  approve 
it  he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  objections, 
to  the  house  in  which  it  originated,  which  shall  enter  the  same  upon 
the  journal,  and  proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion it  again  pass  both  houses  by  yeas  and  nays,  by  a  majority  of 
two-thirds  of  the  members  of  each  house  present,  it  shall  become  a 
law,  notwithstanding  the  governor's  objections.  If  any  bill  shall  not 
be  returned  within  ten  days  after  it  shall  have  been  presented  to 
him  (Sunday  excepted),  the  same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  Legislature  by  adjournment  prevent 
such  return. 

18.  The  Assembly  shall  have  the  sole  power  of  impeachment; 
and  all  impeachments  shall  be  tried  by  the  Senate.     When  sitting 


CALIFORNIA.  548 


for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation  ;  and 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  present. 

19.  The  governor,  lieutenant  governor,  secretary  of  state,  comp- 
troller, treasurer,  attorney-general,  surveyor-general,  justices  of  the 
supreme  court,  and  judges  of  the  district  courts,  shall  be*  liable  to 
impeachment  for  any  misdemeanor  in  office ;  but  judgment  in  such 
cases  shall  extend  only  to  removal  from  office,  and  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit,  under  the  State ;  but  the 
party  convicted  or  acquitted  shall  nevertheless  be  liable  to  indict- 
ment, trial  and  punishment,  according  to  law.  All  other  civil  officers 
shall  be  tried  for  misdemeanors  in  office  in  such  manner  as  the  Legis- 
lature may  provide. 

20.  No  senator  or  member  of  Assembly  shall,  during  the  term 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  of  profit  under  this  State,  which  shall  have  been  created, 
or  the  emoluments  of  which  shall  have  been  increased,  during  such 
term,  except  such  office  as  may  be  filled  by  elections  by  the  people. 

21.  No  person  holding  any  lucrative  office  under  the  United  States, 
or  any  other  power,  shall  be  eligible  to  any  civil  office  of  profit  under 
this  State :  provided,  that  officers  in  the  militia,  to  which  there  is 
attached  no  annual  salary,  or  local  officers  and  postmasters  whose 
compensation  does  not  exceed  five  hundred  dollars  per  annum,  shall 
not  be  deemed  lucrative. 

22.  No  person  Vho  shall  be  convicted  of  the  embezzlement  or 
defalcation  of  the  public  fiinds  of  this  State,  shall  ever  be  eligible  to 
any  office  of  honor,  trust  or  profit,  under  this  State ;  and  the  Legis- 
lature shall,  as  soon  as  practicable,  pass  a  law  providing  for  the 
punishment  of  such  embezzlement  or  defalcation  as  a  felony. 

23.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law.  An  accurate  statement  of 
the  receipts  and  expenditures  of  the  public  moneys  shall  be  attached 
to,  and  published  with  the  laws  at  every  regular  session  of  the 
Legislature. 

24.  The  members  of  the  Legislature  shall  receive  for  their  ser- 
vices a  compensation  to  be  fixed  by  law,  and  paid  out  of  the  public 
treasury  ;  but  no  increase  of  the  compensation  shall  take  effect 
during  the  term  for  which  the  members  of  either  house  shall  have 
been  elected. 

25.  Every  law  enacted  by  the  Legislature  shall  embrace  but  one 
object,  'and  that  shall  be  expressed  in  the  title ;  and  no  law  shall  be 
revised  or  amended  by  reference  to  its  title  ;  but  in  such  case,  the 
act  revised,  or  section  amended,  shall  be  re-enacted  and  published  at 
length. 

26.  No  divorce  shall  be  granted  by  the  Legislature. 

27.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the 
sale  of  lottery  tickets  be  allowed. 

28.  The  enumeration  of  the  inhabitants  of  this  State  Si.-'ll  be  taken, 


544  CONSTITUTION    OF 


under  the  direction  of  the  Legislature,  in  the  year  one  thousand  eight 
hundred  and  fifty-two,  and  one  thousand  eight  hundred  and  fifty-five, 
and  at  the  end  of  every  ten  years  thereafter ;  and  these  enumera- 
tions, together  with  the  census  that  may  be  taken  under  the  direction 
of  the  Congress  of  the  United  States,  in  the  year  one  thousand  eight 
hundred  and  fifty,  and  every  subsequent  ten  years,  shall  serve  as  the 
basis  of  representation  in  both  houses  of  the  Legislature. 

29.  The  number  of  senators  and  members  of  Assembly  shall,  at 
the  first  session  of  the  Legislature  holden  after  the  enumerations 
herein  provided  for  are  made,  be  fixed  by  the  Legislature,  and  appor- 
tioned among  the  several  counties  and  districts  to  be  established  by 
law,  according  to  the  number  of  white  inhabitants.  The  number  of 
members  of  Assembly  shall  not  be  less  than  twenty-four,  nor  more 
than  thirty-six,  until  the  number  of  inhabitants  within  this  State 
shall  amount  to  one  hundred  thousand  ;  and  after  that  period,  at  such 
ratio  that  the  whole  number  of  members  of  Assembly  shall  never 
be  less  than  thirty,  nor  more  than  eighty. 

30.  When  a  congressional,  senatorial,  or  assembly  district,  shall 
be  composed  of  two  or  more  counties,  it  shall  not  be  separated 
by  any  county  belonging  to  another  district;  and  no  county  shall 
be  divided,  in  forming  a  congressional,  senatorial,  or  assembly 
district. 

3L  Corporations  may  be  formed  under  general  laws,  but  shall  not 
be  created  by  special  act,  except  for  municipal  purposes.  All  gene- 
ral laws  and  special  acts  passed  pursuant  to  this  section  may  be 
altered  from  time  to  time,  or  repealed. 

32.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators,  and  other  means,  as  may  be  prescribed 
by  law. 

33.  The  term  corporations  as  used  in  this  article  shall  be  construed 
to  include  all  associations  and  joint  stock  companies  having  any  of 
the  powers  or  privileges  of  corporations  not  possessed  by  individuals 
or  partnerships.  And  all  corporations  shall  have  the  right  to  sue, 
and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases  as  natural 
persons. 

34.  The  Legislature  shall  have  no  power  to  pass  any  act  granting 
any  charter  for  banking  purposes ;  but  associations  may  be  formed 
under  general  laws  for  the  deposit  of  gold  and  silver,  but  no  such 
association  shall  make,  issue,  or  put  in  circulation,  any  bill,  check, 
ticket,  certificate,  promissory  note,  or  other  paper,  or  the  j^aper  of 
any  bank,  to  circulate  as  money. 

35.  The  Legislature  of  this  State  shall  prohibit  by  law,  any 
person  or  persons,  association,  company,  or  corporation,  from  exer- 
cising the  privileges  of  banking,  or  creating  paper  to  circulate  as 
money. 

36.  Each  stockholder  of  a  corporation,  or  joint  stock  association, 
shall  be  individually  and  personally  liable  for  his  proportion  of  all 
its  debts  and  liabilities. 


CALIFORNIA.  545 


37.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts, 
and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessments  and 
in  contracting  debts  by  such  municipal  corporations. 

38.  In  all  elections  by  the  Legislature,  the  members  thereof  shall 
vote  viva  voce,  and  the  votes  shall  be  entered  on  the  journal. 

ARTICLE  V. — Executive  Department. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  chief  magistrate,  who  shall  be  styled  the  governor  of  the  State 
of  California. 

2.  The  governor  shall  be  elected  by  the  qualified  electors,  at  the 
time  and  places  of  voting  for  members  of  Assembly,  and  shall  hold 
his  office  two  years  from  the  time  of  his  installation,  and  until  his 
successor  shall  be  qualified. 

3.  No  person  shall  be  eligible  to  the  office  of  governor  (except 
at  the  first  election),  who  has  not  been  a  citizen  of  the  United 
States,  and  a  resident  of  this  State  two  years  next  preceding  the 
election,  and  attained  the  age  of  twenty-five  years  at  the  time  of  said 
election. 

4.  The  returns  of  every  election  for  governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government,  directed  to  the  speaker 
of  the  Assembly,  who  shall,  during  the  first  week  of  the  session,  open 
and  publish  them  in  presence  of  both  houses  of  the  Legislature.  The 
person  having  the  highest  number  of  votes  shall  be  governor ;  but 
in  case  any  two  or  more  have  an  equal  and  the  highest  number  of 
votes,  the  Legislature  shall,  by  joint  vote  of  both  houses,  choose  one 
of  said  persons,  so  having  an  equal  and  the  highest  number  of  votes, 
for  governor. 

5.  The  governor  shall  be  commander-in-chief  of  the  militia,  the 
army  and  navy  of  this  State. 

6.  He  shall  transact  all  executive  business  with  the  officers  of 
government,  civil  and  military,  and  may  require  information  in 
writing  from  the  officers  of  the  executive  department,  upon  any 
subject  relating  to  the  duties  of  their  respective  offices. 

7.  He  shall  see  that  the  laws  are  faithfully  executed. 

8.  When  any  office  shall  from  any  cause  become  vacant,  and  no 
mode  is  provided  by  the  constitution  and  laws  for  filling  such 
vacancy,  the  governor  shall  have  power  to  fill  such  vacancy  by 
granting  a  commission,  which  shall  expire  at  the  end  of  the  next 
session  of  the  Legislature,  or  at  the  next  election  by  the  people. 

9.  He  may,  on  extraordinary  occasions,  convene  the  Legislature 
by  proclamation,  and  shall  state  to  both  houses  when  assembled  the 
purpose  for  which  they  shall  have  been  convened. 

10.  He  shall  communicate  by  message  to  the  Legislature  at  every 
session  the  condition  of  the  State,  and  recommend  such  matters  as 
he  shall  deem  expedient. 


546  CONSTITUTION    OF 


11.  In  case  of  a  disagreement  between  the  two  houses,  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  Legislature  to  such  time  as  he  may  think  proper  :  pro- 
vided it  be  not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

12.  No  person  shall,  while  holding  any  office  under  the  United 
States  or  this  State,  exercise  the  office  of  governor,  except  as  herein- 
after expressly  provided. 

13.  The  governor  shall  have  the  power  to  gi'ant  reprieves  and 
pardons  after  conviction,  for  all  offences  except  treason  and  cases  of 
impeachment,  upon  such  conditions,  and  with  such  restrictions  and 
limitations  as  he  may  think  proper,  subject  to  such  regulations  as 
may  be  provided  by  law  relative  to  the  manner  of  applying  for 
pardons.  Upon  conviction  for  treason  he  shall  have  the  power  to 
suspend  the  execution  of  the  sentence  until  the  case  shall  be  reported 
to  the  Legislature  at  its  next  meeting,  when  the  Legislature  shall 
either  pardon,  direct  the  execution  of  the  sentence,  or  grant  a  further 
reprieve.  He  shall  communicate  to  the  Legislature,  at  the  begin- 
ning of  every  session,  every  case  of  reprieve  or  pardon  granted, 
stating  the  name  of  the  convict,  the  crime  of  which  he  was  con- 
victed, the  sentence,  at  its  date,  and  the  date  of  the  pardon  or 
reprieve. 

14.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the 
governor,  and  used  by  him  officially,  and  shall  be  called  "  The  great 
seal  of  the  State  of  California." 

15.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  people  of  the  State  of  California,  sealed  with  the 
great  seal  of  the  State,  signed  by  the  governor,  and  countersigned 
by  the  secretary  of  state. 

16.  A  lieutenant  governor  shall  be  elected  at  the  same  time  and 
places,  and  in  the  same  manner  as  the  governor ;  and  his  term  of 
office,  and  his  qualifications  of  eligibility,  shall  also  be  the  same. 
He  shall  be  president  of  the  Senate,  but  shall  only  have  a  casting 
vote  therein.  If  during  a  vacancy  of  the  office  of  governor  the  lieu- 
tenant governor  shall  be  impeached,  displaced,  resign,  die-,  or  become 
incapable  of  performing  the  duties  of  his  office,  or  be  absent  from 
the  State,  the  president  of  the  Senate  shall  act  as  governor  until  the 
vacancy  be  filled,  or  the  disability  shall  cease. 

17.  In  case  of  the  impeachment  of  the  governor,  or  his  removal 
from  office,  death,  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  resignation,  or  absence  from  the  State,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the  lieutenant  governor 
for  the  residue  of  the  term,  or  until  the  disability  shall  cease.  But 
when  the  governor  shall,  with  the  consent  of  the  Legislature,  be  out 
of  the  State  in  time  of  war,  and  at  the  head  of  any  military  force 
thereof,  he  shall  continue  commander-in-chief  of  the  military  force 
of  the  State. 

18.  A  secretary  of  state,  a  comptroller,  a  treasurer,  an  attorney- 


CALIFORNIA.  547 


general,  and  surveyor-general,  shall  be  chosen  in  the  manner  provided 
in  this  constitution ;  and  the  term  of  office  and  eligibility  of  each 
shall  be  the  same  as  are  prescribed  for  the  governor  and  lieutenant 
governor. 

19.  The  secretary  of  state  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  Senate.  He  shall  keep  a 
fair  record  of  the  official  acts  of  the  legislative  and  executive  depart- 
ments of  the  government,  and  shall,  when  required,  lay  the  same, 
and  all  matters  relative  thereto,  before  either  branch  of  the  Legis- 
lature ;  and  shall  perform  such  other  duties  as  shall  be  assigned  him 
by  law. 

20.  The  comptroller,  treasurer,  attorney-general  and  surveyor-gen- 
eral, shall  be  chosen  by  joint  vote  of  the  two  houses  of  the  Legisla- 
ture, at  their  first  session  under  this  constitution,  and  thereafter  shall 
be  elected  at  the  same  time  ^and  places,  and  in  the  same  manner,  as 
the  governor  and  lieutenant  governor. 

21.  The  governor,  lieutenant  governor,  secretary  of  state,  comp- 
troller, treasurer,  attorney-general,  and  surveyor-general,  shall  each, 
at  stated  times  during  their  continuance  in  office,  receive  for  their 
services  a  compensation,  which  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected ;  but  neither 
of  these  officers  shall  receive  for  his  own  use  any  fees  for  the  per- 
formance of  his  official  duties. 

ARTICLE  Nl.— Judicial  Department. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  a 
supreme  court,  in  district  courts,  in  county  courts,  and  in  justices  of 
the  peace.  The  Legislature  may  also  establish  such  municipal  and 
other  inferior  courts  as  may  be  deemed  necessary. 

2.  The  supreme  court  shall  consist  of  a  chief  justice  and  two 
associate  justices,  any  two  of  whom  shall  constitute  a  quorum. 

3.  The  justices  of  the  supreme  court  shall  be  elected  at  the  gen- 
eral election  by  the  qualified  electors  of  the  State,  and  shall  hold 
their  office  for  the  term  of  six  years  from  the  first  day  of  January 
next  after  their  election ;  provided  that  the  Legislature  shall,  at  its 
first  meeting,  elect  a  chief  justice  and  two  associate  justices  of  the 
supreme  court,  by  joint  vote  of  both  houses,  and  so  classify  them 
that  one  shall  go  out  of  office  every  two  years.  After  the  first  elec- 
tion the  senior  justice  in  commission  shall  be  the  chief  justice. 

4.  The  supreme  court  shall  have  appellate  jurisdiction  in  all  cases 
when  the  matter  in  dispute  exceeds  two  hundred  dollars,  when  the 
legality  of  any  tax,  toll,  or  impost  or  municipal  fine  is  in  question, 
and  in  all  criminal  cases  amounting  to  felony  or  questions  of  law 
alone.  And  the  said  court,  and  each  of  the  justices  thereof,  as  well 
as  all  district  and  county  judges,  shall  have  power  to  issue  writs  of 
habeas  corpus  at  the  instance  of  any  person  held  in  actual  custody. 
They  shall  also  have  power  to  issue  all  other  writs  and  process 


548  CONSTITUTION    OP 


necessary  to  the  exercise  of  their  appellate  jurisdiction,  and  shall  be 
conservators  of  the  peace  throughout  the  State. 

5.  The  State  shall  be  divided  by  the  first  Legislature  into  a  con- 
venient numl^er  of  districts,  subject  to  such  alteration  from  time  to 
time  as  the  public  good  may  require,  for  each  of  which  a  district 
judge  shall'be  appointed  by  the  joint  vote  of  the  Legislature,  at  its 
first  meeting,  who  shall  hold  his  oflice  for  two  years  from  the  first 
day  of  January  next  after  his  election ;  after  which  said  judges  shall 
be  elected  by  the  qualified  electors  of  their  respective  districts,  at 
the  general  election,  and  shall  hold  their  office  for  the  term  of  six 
years. 

6.  The  district  courts  shall  have  original  jurisdiction  in  law  and 
equity  in  all  civil  cases  where  the  amount  in  dispute  exceeds  two 
hundred  dollars,  exclusive  of  interest.  In  all  criminal  cases  not 
otherwise  provided  for,  and  in  all  issues  of  fact  joined  in  the  probate 
courts,  their  jurisdiction  shall  be  unlimited. 

7.  The  Legislature  shall  provide  for  the  election  by  the  people  of 
a  clerk  of  the  supreme  court,  and  county  clerks,  district  attorneys, 
sheriffs,  coroners,  and  other  necessary  officers ;  and  shall  fix  by 
law  their  duties  and  compensation.  County  clerks  shall  be, 
ex-officio,  clerks  of  the  district  courts  in  and  for  their  respective 
counties. 

8.  There  shall  be  elected  in  each  of  the  organized  counties  of  this 
State,  one  county  judge,  who  shall  hold  his  office  for  four  years. 
He  shall  hold  the  county  court,  and  perform  the  duties  of  surrogate, 
or  probate  judge.  The  county  judge,  with  two  justices  of  the 
peace,  to  be  designated  according  to  law,  shall  hold  courts  of  ses- 
sions, with  such  criminal  jurisdiction  as  the  Legislature  shall  pre- 
scribe, and  he  shall  perform  such  other  duties  as  shall  be  required 
by  law. 

9.  The  county  courts  shall  have  such  jurisdiction,  in  cases  arising 
in  justices'  courts,  and  in  special  cases,  as  the  Legislature  may  pre- 
scribe, but  shall  have  no  original  civil  jurisdiction  except  in  such 
special  cases. 

10.  The  times  and  places  of  holding  the  terms  of  the  supreme 
court,  and  the  general  and  special  terms  of  the  district  courts  within 
the  several  districts,  shall  be  provided  for  by  law. 

IL  No  judicial  oflficer,  except  a  justice  of  the  peace,  shall  receive 
to  his  own  use  any  fees  or  perquisites  of  office. 

12.  The  Legislature  shall  provide  for  the  speedy  publication  of 
all  statute  laws,  and  of  such  judicial  decisions  as  it  may  deem  expe- 
dient ;  and  all  laws  and  judicial  decisions  shall  be  free  for  publica- 
tion by  any  person. 

13.  Tribunals  for  conciliation  may  be  established,  with  such 
powers  and  duties-as  may  be  prescribed  by  law ;  but  such  tribunals 
shall  have  no  power  to  render  judgment  to  be  obligatory  on  the  par- 
ties, except  they  voluntarily  submit  their  matters  in  difference,  and 


CALIFORNIA.  549 


agree  to  abide  the  judgment,  or  assent  thereto  in  the  presence  of 
such  tribunal,  in  such  cases  as  shall  be  prescribed  by  law. 

14.  The  Legislature  shall  determine  the  number  of  justices  of  the 
peace  to  be  elected  in  each  county,  city,  town,  and  incorporated 
village  of  the  State,  and  fix  by  law  their  powers,  duties,  and  respon- 
sibilities. It  shall  also  determine  in  what  cases  appeals  may  be 
made  from  justices'  courts  to  the  county  court. 

15.  The  justices  of  the  supreme  court,  and  judges  of  the  district 
court,  shall  severally,  at  stated  times  during  their  continuance  in 
office,  receive  for  their  services  a  compensation,  to  be  paid  out  of  the 
treasury,  which  shall  not  be  increased  or  diminished  during  the  term 
for  which  they  shall  have  been  elected.  The  county  judges  shall  also 
severally,  at  stated  times,  receive  for  their  services  a  compensation 
to  be  paid  out  of  the  county  treasury  of  their  respective  counties, 
which  shall  not  be  increased  or  diminished  during  the  term  for  which 
they  shall  have  been  elected. 

16.  The  justices  of  the  supreme  court  and  district  judges  shall  be 
ineligible  to  any  other  office  during  the  term  for  which  they  shall 
have  been  elected. 

17.  Judges  shall  not  charge  juries  with  respect  to  matters  of  fact, 
but  may  state  the  testimony  and  declare  the  law. 

18.  The  style  of  all  process  shall  be,  "The  People  of  the  State 
of  California ;"  all  the  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  same. 

ARTICLE  Nil.— Militia. 

Sec.  1.  The  Legislature  shall  provide  by  law  for  organizing  and 
disciplining  the  militia,  in  such  manner  as  they  shall  deem  expedient, 
not  incompatible  with  the  constitution  and  laws  of  the  United 
States. 

2.  Officers  of  the  militia  shall  be  elected  or  appointed,  in  such  a 
manner  as  the  Legislature  shall  from  time  to  time  direct,  and  shall 
be  commissioned  by  the  governor. 

3.  The  governor  shall  have  power  to  call  forth  the  militia,  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel 
invasions. 

ARTICLE  mil.—State  Debts. 

The  Legislature  shall  not  in  any  manner  create  any  debt  or  debts, 
liability  or  liabilities,  which  shall  singly  or  in  the  aggregate,  with 
any  previous  debts  or  liabilities,  exceed  the  sum  of  three  hundred 
thousand  dollars,  except  in  case  of  war,  to  repel  invasion  or  suppress 
insurrection,  unless  the  same  shall  be  authorized  by  some  law  for 
some  single  object  or  work,  to  be  distinctly  specified  therein,  which 
law  shall  provide  ways  and  means,  exclusive  of  loans,  for  the  pay- 
ment of  the  interest  of  such  debt  or  liability  as  it  falls  due,  and  also 
pay  and  discharge  the  principal  of  such  debt  or  liability  within 
twenty  years  from  the  time  of  the  contracting  thereof,  and  shall  be 


550  CONSTITUTION    OF 


irrepealable  until  the  principal  and  interest  thereon  shall  be  paid  and 
discharged ;  but  no  such  law  shall  take  effect  until,  at  a  general  elec- 
tion, it  shall  have  been  submitted  to  the  people,  and  have  received  a 
majority  of  ail  the  votes  cast  for  and  against  it  at  such  election ;  and 
all  money  raised  by  authority  of  such  law  shall  be  applied  only 
to  the  specific  object  therein  stated,  or  to  the  payment  of  the  debt 
thereby  created ;  and  such  law  shall  be  published  in  at  least  one 
newspaper  in  each  judicial  district,  if  one  be  published  therein, 
throughout  the  State,  for  three  months  next  preceding  the  election  at 
which  it  is  submitted  to  the  people. 

ARTICLE  IX,— Education. 

Sec.  1.  The  Legislature  shall  provide  for  the  election  by  the 
people  of  a  superintendent  of  public  instruction,  who  shall  hold  his 
office  for  three  years,  and  whose  duties  shall  be  prescribed  by  law, 
and  who  shall  receive  such  compensation  as  the  Legislature  may 
direct. 

2.  The  Legislature  shall  encourage  by  all  suitable  means  the  pro- 
motion of  intellectual,  scientific,  moral,  and  agricultural  improve- 
ment. The  proceeds  of  all  land  that  may  be  granted  by  the  United 
States  to  this  State  for  the  support  of  schools,  which  may  be  sold  or 
disposed  of,  and  the  five  hundred  thousand  acres  of  land  granted  to 
the  new  States,  under  an  act  of  Congress,  distributing  the  proceeds  of 
the  public  lands  among  the  several  States  of  the  Union,  approved  a.  d. 
1841 ;  and  all  estates  of  deceased  persons  who  may  have  died  with- 
out leaving  a  will,  or  heir,  and  also  such  per  cent,  as  may  be  granted 
by  Congress  on  the  sale  of  lands  in  this  State,  shall  be  and  remain  a 
perpetual  fund,  the  interest  of  which,  together  with  all  the  rents  of 
the  unsold  lands,  and  such  other  means  as  the  Legislature  may  pro- 
vide, shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State. 

3.  The  Legislature  shall  provide  for  a  system  of  common  schools, 
by  which  a  school  shall  be  kept  up  and  supported  in  each  district  at 
least  three  months  in  every  year,  and  any  school  neglecting  to  keep 
and  support  such  a  school,  may  be  deprived  of  its  proportion  of  the 
interest  of  the  public  fund  during  such  neglect. 

4.  The  Legislature  shall  take  measures  for  the  protection,  improve- 
ment, or  other  disposition  of  such  lands  as  have  been,  or  may  here- 
after be  reserved  or  granted  by  the  United  States,  or  any  person  or 
persons,  to  the  State  for  the  use  of  a  university ;  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be  and  remain  a  permanent 
fund,  the  interest  of  which  §hall  be  applied  to  the  support  of  said 
university,  with  such  branches  as  the  public  convenience  may 
demand,  for  the  promotion  of  literature,  the  arts  and  sciences,  as 
may  be  authorized  by  the  terms  of  such  grant.  And  it  shall  be  the 
duty  of  the  Legislature,  as  soon  as  may  be,  to  provide  effectual 


CALIFORNIA.  551 

means  for  the  improvement  and  permanent  security  of  the  funds  of 
said  university. 

ARTICLE  'K.-^Mode  of  Amending  and  Revising  the  Constitution. 

Sec.  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  the  Senate  or  Assembly ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered 
on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  Legislature  then  next  to  be  chosen,  and  shall  be  published  for 
three  months  next  preceding  the  time  of  making  such  choice.  And 
if,  in  the  Legislature  next  chosen  as  aforesaid,  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  a  majority  of  all 
the  members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or  amendments  to 
the  people  in  such  manner  and  at  such  time  as  the  Legislature  shall 
prescribe ;  and  if  the  people  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a  majority  of  the  electors  qualified  to  vote . 
for  members  of  the  Legislature,  voting  thereon,  such  amendment  or 
amendments  shall  become  part  of  the  constitution. 

2.  And  if  at  any  time  two-thirds  of  the  Senate  and  Assembly  shall 
think  it  necessary  to  revise  and  change  this  entire  constitution,  they 
shall  recommend  to  the  electors,  at  the  next  election  for  members 
of  the  Legislature,  to  vote  for  or  against  the  convention  ;  and  if  it 
shall  appear  that  a  majority  of  the  electors  voting  at  such  election 
have  voted  in  favor  of  calling  a  convention,  the  Legislature  shall  at 
its  next  session  provide  by  law  for  calling  a  convention,  to  be  holden 
within  six  months  after  the  passage  of  such  law ;  and  such  conven- 
tion shall  consist  of  a  number  of  members  not  less  than  that  of  both 
branches  of  the  Legislature. 

ARTICLE  XI. — Miscellaneous  Provisions. 

Sec.  1.  The  first  session  of  the  Legislature  shall  be  held  at  the 
Pueblo  de  San  Jose,  which  place  shall  be  the  permanent  seat  of  gov- 
ernment until  removed  by  law :  Provided,  however,  that  two-thirds 
of  all  the  members  elected  to  each  house  of  the  Legislature  shall 
concur  in  the  passage  of  such  law. 

2.  Any  citizen  of  this  State  who  shall,  after  the  adoption  of  this 
constitution,  fight  a  duel  with  deadly  weapons,  or  send  or  accept  a 
challenge  to  fight  a  duel  with  deadly  weapons,  either  within  this 
State  or  out  of  it ;  or  who  shall  act  as  second,  or  knowingly  aid  or 
assist  in  any  manner  those  thus  offending,  shall  not  be  allowed 
to  hold  any  office  of  profit,  or  to  enjoy  the  right  of  suffrage  under 
this  constitution. 

3.  Members  of  the  Legislature,  and.  all  officers,  executive  and 
judicial,  except  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation : 


552  CONSTITUTION    OF 


"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  constitution  of  the  United  States,  and  the  constitution 
of  the  State  of  California,  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of ,  according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration  or  test,  shall  be  required  as  a  qual- 
ification for  any  office  or  public  trust. 

4.  The  Legislature  shall  establish  a  system  of  county  and  town 
governments,  which  shall  be  as  nearly  uniform  as  practicable  through- 
out the  State. 

5.  The  Legislature  shall  have  power  to  provide  for  the  election 
of  a  board  of  supervisors  in  each  county ;  and  these  supervisors 
shall  jointly  and  individually  perform  such  duties  as  may  be  pre- 
scribed by  law. 

6.  All  officers  whose  election  or  appointment  is  not  provided  for 
by  this  constitution,  and  all  officers  whose  offices  may  hereafter  be 
created  by  law,  shall  be  elected  by  the  people,  or  appointed  as  the 
Legislature  may  direct. 

7.  .When  the  duration  of  any  office  is  not  provided  for  by  this 
constitution,  it  may  be  declared  by  law,  and  if  not  so  declared,  such 
office  shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment ;  nor  shall  the  duration  of  any  office  not  fixed  by  this 
constitution  ever  exceed  four  years. 

8.  The  fiscal  year  shall  commence  on  the  first  day  of  July. 

9.  Each  county,  town,  city,  and  incorporated  village,  shall  make 
provision  for  the  support  of  its  own  officers,  subject  to  such  restric- 
tions and  regulations  as  the  Legislature  may  prescribe. 

10.  The  credit  of  the  State  shall  not  in  any  manner  be  given  or 
loaned  to,  or  in  aid  of  any  individual,  association,  or  corporation ; 
nor  shall  the  State  directly  or  indirectly  become  a  stockholder  in 
any  association  or  corporation. 

11.  Suits  may  be  brought  against  the  State  in  such  manner,  and 
in  such  courts,  as  shall  be  directed  by  law. 

12.  No  contract  of  marriage,  if  otherwise  duly  made,  shall  be 
invalidated  for  want  of  conformity  to  the  requirements  of  any  reli- 
gious sect. 

13.  Taxation  shall  be  equal  and  uniform  throughout  the  State. 
All  property  in  this  State  shall  be  taxed  in  proportion  to  its  value, 
to  be  ascertained  as  directed  by  law ;  but  assessors  and  collectors 
of  town,  county  and  State  taxes,  shall  be  elected  by  the  qualified 
electors  of  the  district,  county  or  town,  in  which  the  property  taxed 
for  State,  county,  or  town  purposes,  is  situated. 

14.  All  property,  both  real  and  personal,  of  the  wife,  owned  or 
claimed  by  marriage,  and  that  acquired  afterwards  by  gift,  devise,  or 
descent,  shall  be  her  separate  property  ;  and  laws  shall  bc  passed  more 
clearly  defining  the  rights  of  the  wife,  in  relation  as  well  to  her  sepa- 
rate property,  as  to  that  held  in  common  with  her  husband.  Laws 
shall  also  be  passed  providing  for  the  registration  of  the  wife's  sepa- 
rate property. 


CALIFORNIA.  563 


15.  The  Legislature  shall  protect  by  law  from  forced  sale  a 
certain  portion  of  the  homestead  and  other  property  of  all  heads  of 
families. 

16.  No  perpetuities  shall  be  allowed,  except  for  elemosynary 
purposes. 

17.  Every  person  shall  be  disqualified  from  holding  any  office  of 
profit  in  this  State  who  shall  have  been  convicted  of  having  given, 
or  offered  a  bribe,  to  procure  his  election  or  appointment. 

18.  Laws  shall  be  made  to  exclude  from  office,  serving  on  juries, 
and  from  the  right  of  suffrage,  those  who  shall  hereafter  be  con- 
victed of  bribery,  perjury,  forgery,  or  other  high  crimes.  The 
privilege  of  free  suffrage  shall  be  supported  by  laws  regulating 
elections,  and  prohibiting,  under  adequate  penalties,  all  undue  influ- 
ence thereon  from  power,  bribery,  tumult,  or  other  improper 
practice. 

19.  Absence  from  this  State  on  business  of  the  State,  or  of  the 
United  States,  shall  not  affect  the  question  of  residence  of  any 
person. 

20.  A  plurality  of  the  votes  given  at  an  election  shall  constitute 
a  choice,  where  not  otherwise  directed  in  this  constitution. 

21.  All  laws,  decrees,  regulations,  and  provisions,  which  from 
their  nature  require  publication,  shall  be  published  in  English  and 
Spanish. 

ARTICLE  Xl\.— Boundary. 

The  boundary  of  the  State  of  California  shall  be  as  follows : 
Commencing  at  the  point  of  intersection  of  forty-second  degree 
of  north  latitude  with  the  one  hundred  and  twentieth  degree  of  longi- 
tude west  from  Greenwich,  and  running  south  on  the  line  of  said  one 
hundred  and  twentieth  degree  of  west  longitude  until  it  intersects 
the  thirty-ninth  degree  of  north  latitude  ;  thence  running  in  a  straight 
line  in  a  south-easterly  direction  to  the  river  Colorado,  at  a  point 
where  it  intersects  the  thirty-fifth  degree  of  north  latitude ;  thence 
down  the  middle  of  the  channel  of  said  river,  to  the  boundary  line 
between  the  United  States  and  Mexico,  as  established  by  the  treaty 
of  May  30th,  1848  ;  thence  running  west  and  along  said  boundary 
line  to  the  Pacific  Ocean,  and  extending  therein  three  English 
miles ;  thence  running  in  a  north-westerly  direction,  and  following 
the  direction  of  the  Pacific  coast  to  the  forty-second  degree  of  north 
latitude ;  thence  on  the  line  of  said  forty-second  degree  of  north  lati- 
tude to  the  place  of  beginning.  Also  all  the  islands,  harbors  and 
bays,  along  and  adjacent  to  the  Pacific  coast. 


564 


CONSTITUTION    OF 


SCHEDULE. 

Sec,  1.  All  rights,  prosecutions,  claims  and  contracts,  as  well  of  individuals  as 
of  bodies  corporate,  aiid  all  laws  in  force  at  the  time  of  the  adoption  of  this  con- 
stitution, and  not  inconsistent  therewith,  until  altered  or  repealed  by  the  Legisla- 
ture, shall  continue  as  if  the  same  had  not  been  adopted. 

2.  The  Legislature  shall  provide  for  the  removal  of  all  causes  which  may  be 
pending  when  this  constitution  goes  into  effect,  to  courts  created  by  the  same. 

3.  In  order  that  no  inconvenience  may  result  to  the  public  service  from  the 
taking  effect  of  this  constitution,  no  office  shall  be  superseded  thereby,  nor  the 
laws  relative  to  the  duties  of  the  several  officers  be  changed,  until  the  entering 
into  office  of  the  new  officers  to  be  appointed  under  this  constitution. 

4.  The  provisions  of  this  constitution  concerning  the  term  of  residence  necessary 
to  enable  persons  to  hold  certain  offices  therein  mentioned,  shall  not  be  held  to 
apply  to  officers  chosen  by  the  people  at  the  first  election,  or  by  the  Legislature 
at  its  first  session. " 

5.  Every  citizen  of  California  declared  a  legal  voter  by  this  constitution,  and 
every  citizen  of  the  United  States  a  resident  of  this  State  on  the  day  of  election, 
shall  be  entitled  to  vote  at  the  first  general  election  under  this  constitution,  and  on 
the  question  of  the  adoption  thereof 

6.  This  constitution  shall  be  submitted  to  the  people,  for  their  ratification  or 
rejection,  at  the  general  election  to  be  held  on  Tuesday,  the  thirteenth  day  of 
November  next  The  executive  of  the  existing  government  of  California  is  hereby 
requested  to  issue  a  proclamation  to  the  people,  directing  the  pi  efects  of  the  seve- 
ral districts,  or  in  case  of  vacancy,  tlie  sub-prefects,  or  senior  judge  of  first  instance, 
to  cause  such  election  to  be  held,  the  day  aforesaid,  in  the  respective  districts. 
The  election  shall  be  conducted  in  the  manner  which  was  prescribed  for  the  elec- 
tion of  delegates  to  this  convention,  except  that  the  prefect,  sub-prefect,  or  senior 
judge  of  first  instance  ordering  such  election  in  each  district,  shall  have  power  to 
designate  any  additional  number  of  places  for  opening  the  polls,  and  that  in  every 
place  of  holding  the  election  a  regular  poll  hst  shall  be  kept  by  the  judges  and 
inspectors  of  election.  It  shaU  also  be  the  duty  of  these  judges  and  inspectors  of 
election,  on  the  day  aforesaid,  to  receive  the  votes  of  the  electors  qualified  to  vote 
at  such  election.  Each  voter  shall  express  his  opinion,  by  depositing  in  the  ballot 
box  a  ticket,  whereon  shall  be  written,  or  printed,  "For  the  Constitution,"  or 
"  Against  the  Constitution,"  or  some  such  words  as  will  distinctly  convey  the 
intention  of  the  voter.  These  judges  and  inspectors  shall  also  receive  the  votes 
for  the  several  officers  to  be  voted  for  at  the  said  election  as  herein  provided.  At 
the  close  of  the  election,  the  judges  and  inspectors  shall  carefully  count  each 
ballot,  and  forthwith  make  duplicate  returns  thereof  to  the  prefect,  sub-prefect, 
or  senior  judge  of  first  instance,  as  the  case  may  be,  of  their  respective  districts ; 
and  said  prefect,  sub-prefect,  or  senior  judge  of  first  instance,  shall  transmit  one  of 
the  same,  by  the  most  safe  and  rapid  conveyance,  to  the  secretary  of  state.  Upon 
the  receipt  of  said  returns,  or  on  the  tenth  day  of  December  next,  if  the  returns 
be  not  sooner  received,  it  shall  be  the  duty  of  a  board  of  canvassers,  to  consist  of 
the  secretary  of  state,  one  of  the  judges  of  the  superior  court,  the  prefect,  judge 
of  first  instance,  and  an  alcalde  of  the  district  of  Monterey,  or  any  three  of  the 
aforementioned  officers,  in  the  presence  of  all  who  shall  choose  to  attend,  to  com- 
pare the  votes  given  at  said  election,  and  to  immediately  publish  an  abstract  of 
the  same  in  one  or  more  of  the  newspapers  of  California"  And  the  executive  will 
also  immediately  after  ascertaining  that  the  constitution  has  been  ratified  by 
the  people,  make  proclamation  of  the  fact ;  and  thenceforth  this  constitution  shall 
be  ordained  and  established  as  the  constitution  of  Cahfornia. 

1.  If  this  constitution  shall  be  ratified  by  the  people  of  California,  the  executive 
of  the  existing  government  is  hereby  requested  immediately  after  the  same  shall 
be  ascertained,  in  the  manner  herein  directed,  to  cause  a  fair  copy  thereof  to  be 


CALIFORNIA.  555 


forwarded  to  the  President  of  the  United  States,  in  order  that  he  may  lay  it  before 
the  Congress  of  the  United  States. 

8.  At  the  general  election  aforesaid,  viz.  the  thirteenth  day  of  November  next, 
there  shall  be  elected  a  governor,  lieutenant  governor,  members  of  the  Legislature, 
and  also  two  members  of  Congress. 

9.  If  this  constitution  shall  be  ratij&ed  by  the  people  of  Cahfornia,  the  Legis- 
lature shall  assemble  at  the  seat  of  government  on  the  fifteenth  day  of  December 
next ;  and  in  order  to  complete  the  organization  of  that  body,  the  Senate  shall 
elect  a  president  'pro  tempore  until  the  lieutenant  governor  shall  be  installed  into 
oflSce. 

10.  On  the  organization  of  the  Legislature,  it  shall,  be  the  duty  of  the  secretary 
of  state  to  lay  before  each  house  a  copy  of  the  abstract  made  by  the  board  of 
canvassers,  and  if  called  for,  the  original  returns  of  election,  in  order  that  each 
house  may  judge  of  the  correctness  of  the  report  of  said  board  of  canvassers. 

11.  The  Legislature  at  its  first  session  shall  elect  such  officers  as  may  be  ordered 
by  this  constitution  to  be  elected  by  that  body,  and  within  four  days  after  its 
organization  proceed  to  elect  two  senators  to  the  Congress  of  the  United  Statea 
But  no  law  passed  by  this  Legislature  shall  take  effect  until  signed  by  the  gover- 
nor after  his  installation  into  office. 

12.  The  senators  and  representatives  to  the  Congress  of  the  United  States, 
elected  by  the  Legislature  and  people  of  California  as  herein  directed,  shall  be 
furnished  with  certified  copies  of  this  constitution  when  ratified,  which  they  shall 
lay  before  the  Congress  of  the  United  States,  requesting,  in  the  name  of  the  people 
of  Cahfornia,  the  admission  of  the  State  of  California  into  the  American  Union. 

13.  All  officers  of  this  State,  other  than  members  of  the  Legislature,  shall  be 
installed  into  office  on  the  fifteenth  day  of  December  next,  or  as  soon  thereafter  as 
practicable. 

14.  Until  the  Legislature  shall  divide  the  State  into  counties,  and  senatorial  and 
assembly  districts,  as  directed  by  this  constitution,  the  following  shall  be  the 
apportionment  of  the  two  houses  of  the  Legislature,  viz :  the  districts  of  San  Diego 
and  Los  Augelos  shall  jointly  elect  two  senators  ;  the  districts  of  Santa  Barbara 
and  San  Luis  Obispo  shall  jointly  elect  one  senator ;  the  district  of  Monterey,  one 
senator ;  the  district  of  San  Jose,  one  senator ;  the  district  of  San  Francisco,  two 
senators ;  the  district  of  Sonoma,  one  senator ;  the  district  of  Sacramento,  four 
senators  ;  and  the  district  of  San  Joaquin,  four  senators.  And  the  district  of  San 
Diego  shall  elect  one  member  of  assembly ;  the  district  of  Los  Angelos,  two  mem- 
bers of  assembly ;  the  district  of  Santa  Barbara,  two  members  of  assembly ;  the 
district  of  San  Luis  Obispo,  one  member  of  assembly ;  the  district  of  Monterey, 
two  members  of  assembly ;  the  district  of  San  Jose,  three  members  of  assembly,; 
the  district  of  San  Francisco,  five  members  of  assembly  ;  the  district  of  Sonoma, 
two  members  of  assembly ;  the  district  of  Sacramento,  nine  members  of  assembly ; 
and  the  district  of  San  Joaquin,  nine  members  of  assembly. 

15.  Until  the  Legislature  shall  otherwise  direct,  in  accordance  with  the  provi- 
sions of  this  constitution,  the  salary  of  the  governor  shall  be  ten  thousand  dollars 
per  annum ;  and  the  salary  of  the  lieutenant  governor  shall  be  double  the  pay  of  a 
State  senator ;  and  the  pay  of  members  of  the  Legislature  shall  be  sixteen  dollars 
per  diem  while  in  attendance,  and  sixteen  dollars  for  every  twenty  miles  travel  by 
the  usual  route  from  their  residences,  to  the  place  of  holding  the  session  of  the 
Legislature,  and  in  returning  therefrom.  And  the  Legislature  shall  fix  the  salaries 
of  all  officers,  other  than  those  elected  by  the  people  at  the  first  election. 

16.  The  hmitation  of  the  powers  of  the  Legislature,  contained  in  article  8th  of 
this  constitution,  shall  not  extend  to  the  first  Legislature  elected  under  the  same, 
which  is  hereby  authorized  to  negotiate  for  such  amo\mt  as  may  be  necessary  to 
pay  the  expenses  of  the  State  government. 


41 


A.  S.  BARNES  &  COMPANY'S  PUBLICATIONS. 


Be    Toeq  ueville'  s    Great    Work    on    America. 

THE  REPUBLIC  OF  THE  UNITED  STATES  OF  AMERICA! 

ITS  POLITICAL  INSTITUTIONS  KEVIEWED  AND  EXAMINED. 

BY  ALEXIS  DE  TOCQUEVILLE, 

MEMBER     OF    THE    INSTITUTE     OF    FRANCE. 


"This  sterling  work  on  the  genius  of  the  Political  Institutions  of  the  United  States 
has  long  been  regarded  as  a  classical  production.  The  London  Thnes,  among  nu- 
merous other  high  critical  authorities,  pronoimces  it  the  most  profoundly  philosophical 
and  able  work  ever  written  on  the  subject  of  which  it  treats.  Similar  distinguished 
praise  is  awarded  to  it  as  an  elucidation  of  the  theory  of  the  Democratic  principle,  and 
the  mode  of  its  practical  operation  in  America.  This  erudite  work,  by  M.  de  Tocque- 
ville,  has  attracted  great  attention  throughout  Europe,  as  well  as  this  country,*  where 
it  is  appealed  to  as  the  standard  authority  on  the  subject." 

"  M.  De  TocqueviUe  shows  himself  to  be  an  original  thinker,  an  acute  observer,  and 
an  eloquent  writer.  We  regard  his  work  as  by  far  the  most  philosophical,  ingenious, 
and  instructive  which  has  been  produced  in  Euiope  on  the  subject  of  An\ierica.  There 
is  no  eulogy  in  it,  no  detraction ;  but  throughout  a  manly  love  of  truth.  The  observa- 
tions of  the  author  uniformly  discover  a  high  degree  of  acuteness  and  discrimination. 
This  valuable  work  cannot  be  read  either  in  Europe  or  America  without  working  new 
and  profitable  trains  of  thought." — J^orth  American  Review. 

''  M.  De  Tocqueville's  able  volumes  have  conferred  upon  him  the  highest  rank  as  a 
pohtical  writer ;  his  practical  observations  have  been  tested  by  the  most  competent 
judges — the  Americans  and  the  English  ;  and  his  speculative  inquiries  have  been 
applauded  and  cited  by  the  first  statesmen  of  the  age,  whilst  they  have  taken  their 
place  amongst  the  most  valuable  results  of  modern  political  science.  But  the  language 
of  panegyric  is  not  required  to  draw  attention  to  this  book,  or  to  enhance  its  value ;  we 
only  trust  that  it  may  be  as  generally  and  profitably  studied  as  it  has  been  wisely  and 
conscientiously  written." — British  and  Foreign  (Quarterly  Review. 

"De  Tocqueville's  great  work  on  the  United  States  has  received  imiversal  com- 
mendation. .  .  .  After  the  French  Revolution  of  1830,  De  TocqueviUe  came  to  the 
determination  to  visit  the  United  States,  study  our  institutions  of  government,  and 
report  the  results  of  his  investigations.  He  had  a  distinct  conception  of  the  democratic 
principle.  It  was  his  aim  to  discover  the  manner  of  its  embodiment,  and  the  practical 
illustration  given  to  it  by  our  institutions.  He  examined  the  structure  of  government, 
in  all  its  parts,  as  it  here  exists ;  in  its  legislative,  executive,  and  judicial  forms ;  and  in 
all  its  grades  of  operation,  from  that  of  the  federal  government  of  the  Union,  down  to 
those  little  communities,  the  townships ;  and  including,  of  course,  the  State  govern- 
ments, and  the  organizations  of  counties,  cities,  and  towns.  He  investigated  the 
character  of  each  of  these  distinct  organizations,  and  the  nature  and  extent  of  the 
powers  confided  to  each  of  them.  A  profound  admiration  was  awakened  for  the 
author,  at  the  extent  of  his  reseai-ch,  his  philosophical  depth  and  fidelity  to  truth,  his 
cool  candor,  and  his  patriotic  devotion  to  the  democratic  theory  of  government.  No 
writer,  before  or  since,  has  made  so  profound  an  analysis  of  our  institutions  as  De 
TocqueviUe.  The  whole  machinery  of  government  is  reviewed  by  him,  and  a  critical 
examination  is  made  of  its  structure,  its  operations,  its  excellences,  and  its  defects. 
No  library  should  be  without  De  TocqueviUe ;  no  class  should  leave  a  college  or  a 
high  school  until  they  have  taken  their  first  great  lesson  in  democracy,  (using  the 
word  in  no  party  sense,)  from  the  profound  teachings  of  De  TocquevUle." — Worcesttr 
Palladium. 


A.  B.  BARNES  Ac  COMPANY  S  PUBLlGATlONb. 
Davi*^  Sytttm  of  Mathematics. 

MATHEMATICAL  WORKS, 

EN   ▲  SS&IXS   or   TH&SK   PARTS: 

ARITHMETICAL,  ACADEMICAL,  AND  COLLEGE  TK. 

BY  CHARLES  DAYIES,  LLP 


I     THE  ARITHMETICAL  COURSE  FOR  SCHOOLS. 

1.  PRIMARY  TABLE-BOOK. 

2.  FIRST  LESSONS  IN  ARITHMETIC. 

3.  SCHOOL  ARITHMETIC.     (Key  Separate.) 

4.  GRAMMAR  OF  ARITHMETIC. 

II.    THE  ACADEMIC  COURSE. 

1.  THE  UNIVERSITY  ARITHMETIC.     (Key  Separate.) 

2.  PRACTICAL  GEOMETRY  AND  MENSURATION. 

8.  ELEMENTARY  ALGEBRA.     (Key  Separate.) 

4.    ELEMENTARY  GEOMETRY. 
6.    ELEMENTS  OF  SURVEYING. 

IN.    THE  COLLEGIATE  COURSE. 

1.  DAVIES*  bourdon's  ALGEBRA. 

2.  DAVIES'  LEGENDRe's  GEOMETRY  AHD  TRIOONOMKTRY. 

3.  DA  vies'  ANALYTICAL  GEOMETRY.. 

4.  DAVIES'  DESCRIPTIVE  GEOMETRY. 

6.    DA  vies'  SHADES,  SHADOWS,  AND  PERSPECTIVE. 
€.    DA  vies'  DIFFERENTIAL  AND  INTEGRAL  CALCULUS. 

•   DAYIES'  liOGIC  AND  UTILITY  OF  MATHEMATICS, 

This  series,  combining  aU  that  is  most  valuable  in  the  yarious  methods  of  European 
Instniction,  im^oved  and  matured  by  the  suggestions  of  more  than  thirty  years'  expe- 
rience, now  forms  the  only  complete  consecutive  course  of  Mathematics.  Its  method*, 
harmfonizing  as  the  works  of  one  mind,  carry  the  student  onward  by  the  same  unalo^tw 
ind  the  same  laws  of  association,  and  are  calculated  to  impart  a  comprehensive  linow  »- 
edge  of  the  science,  combining  clearness  in  the  several  branches,  and  unity  aod  propor 
tion  in  the  whole.  Being  the  system  so  long  in  use  at  West  Point,  through  which  so 
many  men,  eminent  for  their  scientific  attainments,  have  passed,  and  hsviug  been 
adopted,  as  Text  Books,  by  most  of  the  colleges  in  the  United  States,  it  may  b«  jasU} 
ragarded  as  our 

NATIONAL  SYSTEM  OF  MATHEMATICS. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

RENEWALS  ONLY— TEL.  NO.  642-3405 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  to  immediate  recall. 


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General  Library 
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:''  "The  titles  furnish  a  key  to  the  contents,  and  it  is  only  necessary  for  us  to  say 
.;o  that  the  material  of  each  vohime  is  admirably  worked  up,  presenting  with  sutficient 
■'■:>  fulness  and  with  much  clearness  of  method  the  several  subjects  which  are  treated." 
:'  — Cincinnati  Oazette. 


C.BERKELEY  LIBRARIES' 


A.  S.  BARNES  &  COMPANY'S  PU'^LICATIOJ^S. 


NATURAL  \m  EXPERIMENTAL  PHILOSOPHY, 

FOR   SCHOOLS    AND    ACADEMIES. 
BY    R.  G.  PARKER. ,J\.  M. 


M64183 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


.jrmrtnifrrr 

.'*  We  predict  for  this  valuable  and  beautifully-printed  work  the  utmost  success." 
—J^l^ark  J)ai/y  Advertiser.  f 

"Thfe  present  volume  strikes  us  as  having  very  marked  merit." — J<.  Y.  C&urier. 

"It  eeepis  to  me  to  have  hit  a  happy  medium  between  the  too  simple  and  the 
too  abslr;K;l." — B.  Ji.  Smith,  PrinciptU  of  Leicester  Ac(fdeviyi.  J^fnss:. 

"  I  have  no  hesitation  in  saying  that  Parker's  Natural  Philosophy  is  tiie  most 
valuable  elementary  work  I  have  seen."— Oi^iert  ^,angdon  Hume,  Prof.JVat.  Phil. 
JV.  Y.  City.  ■     -     " 

"I  am  happy  to  say  that  Parker's  Philosophy  will  b«  introduced  and  adopted  in 
'  Victoria. College,'  at  the  comniehcement  of  the  next  collegiate  year  in  autumn; 
Hnd  1  hope  thiii..W.iH  be  but  the  coramencehaent  of  the  use  of  so  valuable  an  ele- 
mentary work  in  our  scl^yols  in  this  courfOy.  The  small  work  of  Parker's  (.Parker's 
I'ii-st  Lessons)  was  introduced  the  last  terra  in  a  primary  cliiss  of  the  institution 
referred  to,  and  that  with  gr^t  success,  1  intend  to  recommend  its  use  shortly  into 
the  model  school  in  this  city,  and  the  larger  work  to  the  students  of  the  provincial 
Normal  School." — E.  Rye,r.-ion,  Superintendent  of  Public  Instructiun  of  Upper  Canada. 

''l  have  examined  Parker's  First  Lessons  and  Compendium  of  Natural  and  Ex- 
perimental Philosophy,  and  am  much  pleased  with  them.  I  have  long  lelt  dissati?- 
laction  witli  the  Text-Books  on  this  subject  most  in  use  in  this  section,  luid  am 
hap[)y  now  to  find  books  that  I  can  recommend.  I  shall  introduce  the m  imme- 
diately into  my  school."— //^irar/i  Orcutt,  Principal  of  Thet/vrd  Academy,  Vermont. 

"  I  hnve  no  hesitntion  in  pronouncing  it  the  best  work  on  th--  subject  now  published. 
We  shall  usf  it  here,  and  I  have  already  secured  its  adoption  in  some  of  the  high- 

soliooisHiid  ar,i.i(-inic's  in  our  viciiiilv." — J\L  J).  Lcirtr,'ii.  Sun.  tVurrrii  I'uhlir.  Si-Mkd  s. 


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